Final Order 13

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. KAPIL GUPTA, CIVIL
JUDGE-06/CENTRAL DISTRICT, TIS HAZARI COURTS,
DELHI
CS SCJ No. 548/2023
CNR No. DLCT03-001375-2023
IN THE MATTER OF:-
Plaza Electrical Products (P) Ltd.
Having its Registered Office At:
E-23, Netaji Subhash Marg,
Daryaganj, New Delhi-110001.
Through its Authorized Representative ........ Plaintiff
Versus
Arun Kumar Tiwari
Carrying on the business as Sole Proprietor in the name and style:
M/s Shivam Trading Co.
RC-58, Gali No. 10,
Pragati Vihar, Khora Colony,
Ghaziabad, Uttar Pradesh-201001. ........ Defendant
SUIT FOR RECOVERY OF RS.2,77,795/-
Date of Institution : 07.03.2023
Date of Reserving for Judgment : 17.04.2025
Date of Judgment : 15.05.2025
EX-PARTE JUDGMENT
1. The present suit was filed seeking decree for payment
of Rs.2,77,795/- in favour of the plaintiff against the defendant
alongwith pendente-lite and future interest @ 24% per annum and
costs of suit.
2. The case of the plaintiff in brief is that defendant had
approached the plaintiff for supply of electrical products and
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plaintiff had supplied and delivered such products on ‘Principal to
Principal basis’ vide invoice no. PEPPL/3261/19-20 dated
06.09.2019, PEPPL/3318/19-20 dated 18.09.2019,
PEPPL/3343/19-20 dated 23.09.2019, PEPPL/3379/19-20 dated
30.09.2019, PEPPL/3478/19-20 dated 18.10.2019 and
PEPPL/3563/19-20 dated 04.11.2019 for total amount of
Rs.5,87,580/- through transporter “Soran Service Transport and
Girish Bhatt Transporter”. It is averred that the goods were
supplied on credit basis and defendant used to make part payment
against the outstanding amount to the plaintiff and defendant
never raised any issue with the outstanding amount. It is
submitted that payments made by the defendant were not against
any particular invoice but the defendant has not made the entire
payment. It is averred that plaintiff sent letters dated 16.01.2020,
29.01.2020, 17.02.2020, 21.11.2020 and 09.02.2021 to clear the
outstanding dues, however, defendant did not do so. It is further
stated that plaintiff issued a debit note dated 31.10.2021 for an
amount of Rs.83,570/- as per the terms and conditions of the
invoices and defendant made part payment of Rs.24,000/- and
Rs.20,000/- leaving an outstanding balance of Rs.3,38,232/-. It is
submitted that thereafter plaintiff issued a legal notice dated
30.07.2021 upon the defendant and thereafter, defendant
deposited a sum of Rs.20,000/- on 24.08.2021 leaving an
outstanding amount of Rs.3,18,232/- but did not make any further
payment. It is contended that plaintiff added a debit note to the
tune of Rs.98,133/- as defendant was not making payment and
total amount to be paid by the defendant was Rs.3,32,795/-. It is
further stated that plaintiff issued final reminder legal notice
dated 14.09.2021 and thereafter, defendant made a part payment
of Rs.20,000/- on 28.02.2022 and on 13.04.2022 and made a part
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payment of Rs.15,000/- on 02.07.2022 leaving outstanding
amount of Rs.2,77,795/- and such amount has not been paid.
3. It was argued that the cause of action arose when the
defendant did not make the payment due towards the plaintiff. It
is also argued that the court has territorial jurisdiction to try the
present suit. It was prayed that the present suit may be decreed.
4. As per order dated 05.09.2024, the right of the
defendant to file WS was closed and the defendant was proceeded
ex-parte. Matter was thereafter fixed for ex-parte plaintiff
evidence.
5. To prove the case, Sh. Bhupinder Singh, AR of the
plaintiff was examined as PW1 who tendered his evidence by
way of affidavit which is Ex. PW1/A. PW1 has relied upon
following documents:-
i. Ex. PW1/1 was Board Resolution dated 16.07.2019.
ii. Ex. PW1/2 (colly) was copy of invoices.
iii. Ex. PW1/3 were copy of transport receipts.
iv. Ex. PW1/4 (colly) were copy of requests and reminder
letters dated 16.01.2020, 29.01.2020, 14.02.2020,
21.11.2020 and 09.02.2021 alongwith postal receipts.
v. Ex. PW1/5 was running and current ledger account.
vi. Ex. PW1/6 was copy of legal notice dated 30.07.2021
alongwith postal receipt.
vii. Ex. PW1/7 was copy of updated running and current
account.
viii. Ex. PW1/8 was copy of final reminder notice dated
14.09.2021 alongwith postal receipt.
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Thereafter, plaintiff's evidence was closed.
6. I have heard the ex-parte arguments on behalf of the
plaintiff and perused the record.
7. An affidavit had been filed on behalf of the plaintiff
as per which defendant had paid an amount of Rs.60,000/- to the
plaintiff from 29.04.2023 to 24.01.2024 and the remaining
amount to be paid by the defendant was Rs.2,17,795/-.
8. The plaintiff has duly proved the factum of supplying
goods to the defendant vide invoices Ex. PW1/2 (colly) and
transport receipts Ex. PW1/3. Request letters Ex. PW1/4 (colly),
Legal notice Ex. PW1/6 and Reminder Notice Ex. PW1/8 further
fortifies the case of the plaintiff. Statement of account Ex. PW1/5
and Ex. PW1/7 reflects financial transaction between the parties
and the amount to be paid by the defendant to the plaintiff. The
averments made by the plaintiff stand duly proved by way of
documents filed with the suit. Hence, plaintiff has duly
discharged its burden of proof under Section 101 of the Indian
Evidence Act, 1872. It was for the defendant to dispute that no
amount was due towards the plaintiff or the amount due was
already paid, 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 case of plaintiff. The case of plaintiff has
just gone unchallenged, uncontroverted and unrebutted.
Accordingly, plaintiff has successfully proved its case on the
scale of balance of probabilities. As observed earlier, an affidavit
had been filed on behalf of the plaintiff as per which defendant
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had paid an amount of Rs.60,000/- to the plaintiff from
29.04.2023 to 24.01.2024 and the remaining amount to be paid by
the defendant was Rs.2,17,795/-. Therefore, in view of facts and
circumstances of the case, plaintiff is entitled to the amount of
Rs.2,17,795/-.
9. Plaintiff has also claimed pendente-lite and future
interest @ 24% per annum on the decretal amount. However,
considering the prevailing market conditions, it is not considered
equitable to grant this high rate of interest. Accordingly, simple
interest @ 6% per annum is considered reasonable and equitable.
10. In view of above discussion, the suit of the plaintiff is
hereby decreed and it is held that plaintiff is entitled to decree for
recovery of Rs.2,17,795/- against the defendant alongwith simple
interest @ 6% p.a from the date of filing the suit till realization of
the decretal amount alongwith costs of the suit.
11. Decree sheet be prepared accordingly.
Announced in the court
on 15.05.2025.
(Kapil Gupta)
Civil Judge-06/Central/Delhi
15.05.2025
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