Final Order 13

Order Details: COPY OF JUDGMENT
Pdf Text: CS SCJ 333/2025 M/s U S Sales Agency Vs. Harish Kumar Beriya Pg. no.1/6
IN THE COURT OF SH. SUNIL KHATRI, CIVIL JUDGE-06
CENTRAL DISTRICT TIS HAZARI COURTS, DELHI
CS SCJ No. 333/2025
CNR No. DLCT03-001093-2025
IN THE MATTER OF:-
M/s U S Sales Agency
Through its Authorized Representative
Sh. Vivek Chopra
S/o Late Sh. Vikram Chopra
Having its office at:
B-3/62, Janak Puri, New Delhi. ........Plaintiff
Versus
Sh. Harish Kumar Beriya
Proprietor of M/s Nishra Trading Co.
At Shop No. 03, Ground Floor, Khasra No. 20/4,
20/7, Block-B, Kaushik Enclave,
Burari, Delhi-110084. …..Defendant
SUIT FOR RECOVERY OF RS.73,769/- ALONG WITH FUR-
THER INTEREST @ 12% P.A.
Date of Institution : 22.02.2025
Date of Reserving for Judgment: 10.07.2026
Date of Judgment : 13.07.2026
EX-PARTE JUDGMENT
1. The present suit has been filed by plaintiff seeking
recovery of amount of Rs.73,769/- alongwith interest @ 12% p.a.
from the defendant alongwith costs of the suit.
2. Brief facts of the present case as culled out from the plaint
are as follows:-
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2.1 The plaintiff is the partnership firm duly registered under
The Indian Partnership Act with the Registrar of Firms, Delhi
under the name and style of M/s U S Sales Agency having its
office at B-3/62, Janakpuri, New Delhi and Sh. Vivek Chopra,
partner of the firm is duly authorized and competent to sign, file,
verify, lead evidence, affidavit and sue on behalf of the Firm.
2.2 The plaintiff is engaged in the business of trading of
electronics items of various companies and is also the distributor
of various companies including LG, Voltas, Sony, Bosch etc. for
the sale of the products of the said company and having a good
reputation in the market.
2.3 The defendant was having the business transaction with
the plaintiff and was purchasing the electronics goods from the
plaintiff on credits basis from time to time.
2.4 The defendant had placed orders for supply of the
electronics goods to the plaintiff and the plaintiff strict in
conformity with the ordered goods supplied to the defendant
against its bills/ invoices from time to time such as Invoice no.
USS/23-24/966 dt. 27/03/2023 of Rs. 1,26,100/-. A running
account has been maintained by the plaintiff for such transactions
in its books of account and the debit and credit entries were made
therein.
2.5 As per aforesaid account, the defendant has to pay a sum
of Rs. 63,050/- to the plaintiff against the aforesaid goods supplied
to the defendant till 30.09.2024, as per the statement of account,
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invoices and receipts which were filed alongwith the plaint, the
plaintiff is claiming the said amount alongwith the interest @ 12%
from the date of last transaction between the plaintiff and the
defendant and the statement of account and invoices are true and
genuine and the plaintiff is filing the Certificate under Section 63
of Bhartiya Sakshya Adhiniyam 2023 in regards to it.
2.6 The plaintiff tried to contact the defendant telephonically
and otherwise also to apprise him of the facts and demanded the
outstanding amount but the defendant avoided it on one pretext or
the other.
2.7 The defendant is illegally withholding the legally
recoverable amount of plaintiff therefore the defendant is also
liable to pay the interest @ 12% upon the outstanding goods
amounts from the date of invoices goods.
2.8 Thereafter, the plaintiff had sent a legal demand notice
dated 16.05.2024 to the defendant despite that the defendant has
failed make the outstanding payment to the plaintiff. Therefore,
The plaintiff is entitle to a decree for recovery of a sum of
Rs.73,769/- against the defendant alongwith interest @ 12% per
annum i.e. Rs.10,719/- from 20.05.2023 to 19.10.2024 till the date
of realization of the suit amount in full.
3. Summons of the suit were served upon the defendant on
20.04.2025. Despite service of summons, no written statement
(‘WS’ in short) was filed by him. Hence, his right to file WS was
closed on 22.05.2025 and he was proceeded as ex-parte on
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17.12.2025.
4. The plaintiff examined himself as PW1 and tendered his
evidence by way of affidavit Ex. PW1/A on record reiterating the
submissions made in the plaint. He relied upon the following
documents:-
i. Ex.PW1/1 (colly) (OSR) is copy of certificate of
registration of partnership firm.
ii. Ex.PW1/2 is letter of authorization dated 31.01.2025.
iii. Ex.PW1/3 (colly) are statement of account w.e.f
01.04.2023 to 31.03.2024 and from 01.04.2024 to
05.08.2024.
iv. Ex.PW1/4 is invoice no. USS/23-24/966 dt. 27.03.2023.
v. Ex.PW1/5 is Certificate U/S 63 Bhartiya Sakshya
Adhiniyam, 2023.
vi. EX.PW1/6 is legal notice dated 16.05.2024.
vii. Ex.PW1/7 is postal receipt.
viii. Ex.PW1/8 is returned envelop.
5. Thereafter, plaintiff’s evidence was closed vide separate
statement of the AR/partner of the plaintiff on 10.07.2026.
6. I have heard the ex-parte arguments on behalf of the
plaintiff and perused the record.
7. On the basis of aforesaid facts, following points for
determination have arisen in the present case:-
(I) Whether plaintiff is entitled to recovery of Rs.73,769/-
from the defendant?
(II) Whether plaintiff is entitled to interest at the rate of 12%
on the outstanding amount, if yes , then for what period?
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8. Both these points taken up together for the sake of
convenience. Plaintiff has filed the present suit for the recovery of
Rs.73,769/- from the defendant, since the said amount was
outstanding in lieu of supply of the materials to the defendant.
To prove its case, plaintiff’s AR/Partner examined himself as PW1
and proved on record documents such as Ex.PW1/1 i.e. copy of
Certificate of registration of Partnership Firm and Ex. PW1/4 i.e.
invoice bearing No.USS/23-24/966 dated 27.03.2023. Ex.PW1/2
i.e. letter of authorization. The averment regarding non-payment
of outstanding amount by the defendant despite several remainders
has also been corroborated by the Ex. PW1/6 i.e. legal notice send
by the plaintiff through its counsel to the defendant. Plaintiff has
also file documents such as Ex.PW1/3 (colly) i.e. statement of
account in the name of M/s U S Sales Agency. The plaintiff has
also filed other documents in its evidence in further support of its
case. The averments made by the plaintiff stands duly proved by
way of documents tendered in evidence. In view of the same, it is
observed that the plaintiff has duly discharged its burden of proof
under Section 104 of the BSA, 2023. It was for the defendant to
dispute the contractual relationship with plaintiff to dispute the
genuineness or correctness of statement of accounts or to establish
that outstanding amount claimed or part thereof has already been
paid to the plaintiff, however defendant has failed to do so. Since
defendant was proceeded ex-parte and no evidence was led by him
despite service of summons, there is nothing on record which casts
any doubt on the testimony of PW1. The testimony of PW1 has
just gone unchallenged and unrebutted. Accordingly, plaintiff has
successfully proved its case on the scale of balance of
probabilities. The plaintiff has claimed sum of Rs.73,769/-
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alongwith interest @ 12% per annum from the defendant, however
as per statement of account Ex. PW1/3, only a sum of Rs.63,050/-
was due against the defendant. Accordingly, plaintiff is held
entitled to recovery of Rs.63,050/- from the defendant.
9. Plaintiff has also claimed interest @ 12% per annum on
the outstanding amount till its realization. Since the sale of goods
by the plaintiff to the defendant falls under commercial
transaction, in the discretion of the court, interest @ 12% per
annum is considered reasonable and equitable, which is to be
payable from the date of last transaction between the parties.
10. In view of above discussion, the suit of the plaintiff is
decreed as under:
a) A decree for the recovery of Rs.63,050/- is passed in
favour of plaintiff and against the defendant, along with
interest @ 12% p.a from 20.05.2023 till its realization.
b) Costs of the suit are also awarded in favour of the
plaintiff and against the defendant.
11. Decree sheet be prepared accordingly.
12. File be consigned to record room after due compliance.
Pronounced in the open court
on 13.07.2026.
(SUNIL KHATRI)
Civil Judge-06/Central
Tis Hazari Courts/Delhi
Present judgment consists of 06 pages and each page is signed by
me.
(SUNIL KHATRI)
Civil Judge-06/Central
Tis Hazari Courts/Delhi
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