Final Order 3

Order Details: COPY OF ORDER
Pdf Text: CS (Comm.) -1513-2023
TUSKER TECHNOMATE PVT. LTD. VS. M/S. PROMOTIONAL
CLUB & ORS.
06.03.2024
Present : Ms. Ishita Sehgal, ld counsel for Plaintiff.
None for Defendant.
I have heard the submissions of ld counsel for Plaintiff on an
application filed u/O.XXXVII Rule 2(3) read with section 151 CPC
praying for pronouncement of judgment in favour of the Plaintiff and
against the defendant. The application is duly supported by the affidavit of
the Director/Authorized Representative of the Plaintiff Company.
By way of this application, the Plaintiff prays that the suit be
decreed since the Defendant failed to enter appearance within the
stipulated period of 10 days upon receipt of summons.
The brief facts relevant for the purpose of disposal of the
application under consideration are that the Plaintiff Company is stated to
be a Company incorporated under the provisions of Companies Act, 1956,
engaged in the business of manufacturing/trading of chemicals and
fertilizers, pigment dyeing, metallic prints etc.
It is the case of the Plaintiff that the Defendant no.1 which is a
partnership firm, placed various orders on the Plaintiff for supply of above
mentioned products and thereafter, the Plaintiff supplied the said products
from time to time on credit to the Defendant. Plaintiff used to raise
invoices on Defendant no.1 firm on the basis of the orders placed by the
Defendants and as per the running and current account maintained by the
Plaintiff Company, the total outstanding dues payable by the Defendant
….contd
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no.1 firm is Rs.10,73,385.50/-.
During the course of arguments, ld counsel for Plaintiff has
taken me through the documents filed along with plaint including the
copies of the purchase orders, the invoices/e-way bills and the ledger
statement of the Defendant, as maintained by the Plaintiff Company.
It is submitted that all the products were delivered from the
Head Office of the Plaintiff which is within the territorial jurisdiction of
this court and its registered office addresses where also part payments were
received, and no complaint was received from the Defendant regarding the
products. It is further stated that the Plaintiff Company presented the
cheque in question at Punjab National Bank, Civil Lines Branch and thus
this court has the territorial jurisdiction to decide the case. The Defendant
in discharge of its liability, is stated to have issued a cheque bearing
no.940566 dated 23.06.2023 for Rs.10,00,000/- in favour of the Plaintiff
with the assurance that the cheque would be duly honoured upon
presentation. However, the cheque, upon presentation, was returned
dishonoured as per the Bank Returning Memo dated 28.06.2023 with the
endorsement ‘other reasons’. The copy of the Bank Returning Memo is
also on record.
In support of her arguments that the Plaintiff is entitled to a
decree forthwith, for the reason that the Defendant failed to enter
appearance within the stipulated period, ld counsel for Plaintiff relied upon
the following judgments:-
(i) Motilal Banarasidass Publishers vs. Standard
Charted Bank in IA No.7884/2006 decided on
08.12.2006
….contd
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(ii) Darshan Mekani vs. Aman Khemka in GA
No.174 of 2016 with CS No.294/2015 decided on
22.08.2017.
(iii) Vijaya Home Loans Ltd. vs. Crown Traders
Ltd on 21.08.1997: 1997VAD(DELHI) 546
I have heard the submissions made, considered the aspect of
limitation and gone through the relevant case law cited before me, as laid
down in the aforesaid rulings of the Hon’ble Superior Court and the
relevant statutory provisions i.e Order XXXVII Rule 2(3). The fact that the
Defendant failed to enter appearance within the stipulated period of 10
days from the date of service of summons, a substantial indefeasible right
has accrued in favour of the Plaintiff and against the Defendant and the
contents of the plaint must be deemed to be admitted in these
circumstances. Accordingly, the Plaintiff is entitled to a decree in a suit in
terms of provisions of Order XXXVII Rule 2 (3) CPC.
With these observations, the application under consideration is
allowed and a decree for a sum of Rs.10,00,000/- is hereby passed in
favour of the Plaintiff and against the Defendant along with pendentlite
interest @ 24 % per annum, which is the stipulated rate of interest as per
the invoices on record.
No order as to cost.
Decree sheet be drawn up accordingly.
File be consigned to record room.
(Kaveri Baweja)
District Judge (Commercial Court) -07
Central District, THC, Delhi/06.03.2024‘rk’
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