Final Order 7

Order Details: COPY OF JUDGMENT
Pdf Text: Udit Walia Vs. Devinder Saini
CS SCJ No.: - 428/2024
Page 1 of 10 (Charan Salwan)
Civil Judge-03, Central, Delhi
IN THE COURT OF MS. CHARAN SALWAN, CIVIL JUDGE-03,
DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI
CS SCJ No. :- 428/2024
CNR No. :- DLCT03-001474-2024
In the matter of;
Sh. Udit Walia
Proprietor:
M/s Premium Sales,
3C/42, New Rohtak Road,
New Delhi-110005
...Plaintiff
VERSUS
Sh. Devinder Saini
Proprietor:
M/s Reewaz Garments,
Shop No.2, Opposite Sector-4 & 7 Chowk,
Railway Road, Gurgaon- 122001
...Defendant
Date of Institution of Suit: 28.02.2024
Date of Reservation of Judgment: 26.09.2024
Date of Decision: 18.11.2024
Suit for recovery of Rs. 2,50,182/-.
Judgment (ex-parte) :-
1. Vide this judgment, I shall decide the suit for recovery of Rs.
2,50,182/- (
Rupees Two Lakh Fifty Thousand One Hundred Eighty-
Two Only) instituted by Sh. Udit Walia (
hereinafter referred to as
the plaintiff) against Sh. Devinder Saini (
hereinafter referred to as
the defendant).
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Udit Walia Vs. Devinder Saini
CS SCJ No.: - 428/2024
Page 2 of 10 (Charan Salwan)
Civil Judge-03, Central, Delhi
Brief Facts:
2.(a) As per the averments made in the plaint, the brief facts are
that the plaintiff is a distributor for M/s Proline India Ltd., a
company engaged in the business of manufacturing of apparels like
Shirts, T-Shirts, and Swede Shirts/lowers etc. and other reputed
companies in the said field. It is averred that the defendant is one of
the retailer/dealers of various apparels/readymade garments. It is
averred that the defendant approached the plaintiff at its office at
3C/42, New Rohtak Road, New Delhi-110005 and requested the
plaintiff to supply the ordered goods and assured the plaintiff as to
timely payment against the supplied goods. It is averred that the
plaintiff on the above assurance extended by the defendant as to
timely payment against the goods, started supplying the defendant,
the ordered goods being Shirts, T-Shirts, and Swede Shirts/lowers
etc., of various sizes and specifications from time to time in strict
conformity with the orders placed by the defendant and raised its
bills/invoices on the defendant.
(b) It is further averred that the plaintiff has opened an account of
the defendant in its books of account, which have been maintained
by the plaintiff in the usual course of business and the plaintiff, is
maintaining the said account till date in its books of account. It is
averred that the prices of the goods supplied to the defendant were
debited to the said account of the defendant company and the
payments made by the defendant were credited to the said account
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Udit Walia Vs. Devinder Saini
CS SCJ No.: - 428/2024
Page 3 of 10 (Charan Salwan)
Civil Judge-03, Central, Delhi
of the defendant. It is averred that the entries made by the plaintiff in
its books of account reflect the true and correct transactions between
the parties. It is further averred that the defendant used to make
payment against the goods supplied by the plaintiff on running
account basis and not on bill-to-bill. It is further averred that the
plaintiff had lastly supplied goods to the defendant as per Invoice
Nos. PS-0146, PS-0147, PS-0148, PS-0149, PS-0164, PS-0190,
PS-0024, PS-0001, PS-0002, and the said goods were duly received
by the defendant in good condition. It is further averred that as per
the ledger/accounts prepared/maintained in day to day dealing with
the defendant, a sum of Rs.1,83,986.78 stood outstanding against
the defendant as on 27.05.2022. It is averred that the defendant lastly
paid a sum of Rs.2,000/- to the plaintiff in its account with Punjab
National Bank, New Rohtak Road Branch, New Delhi-5.
(c) It is further averred that the defendant had also in partial
discharge of its aforesaid debt and liability towards the plaintiff,
issued three cheques as detailed herein under:
Sl. No. Cheque no. Dated Amount (Rs)
1. 172094 25.03.2023 75,000/-
2. 172095 30.03.2023 75000/-
3. 097175 21.05.2023 20,000/-
Total: 1,70,000/-
All drawn on Union Bank of India, Sector-4, Gurgaon- 122001.
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Udit Walia Vs. Devinder Saini
CS SCJ No.: - 428/2024
Page 4 of 10 (Charan Salwan)
Civil Judge-03, Central, Delhi
(d) It is further averred that the plaintiff as per the instructions of
the defendant had lastly presented the aforesaid cheques on 23.05.23
with its bankers namely Punjab National Bank Ltd; New Rohtak
Road, New Delhi-5 for realization of the same from the defendant
banker but the above cheques were returned dishonoured for the
reason "FUNDS INSUFFICIENT". It is further averred that the
defendant is now liable and responsible to pay a sum of
Rs.2,50,182/- towards the principal amount and interest @ 18% per
annum as agreed, by the defendant at the time of entering business
contract.
(e) It is further averred that the plaintiff is and has been
continuously requesting and demanding the outstanding amount
towards the supplied goods but the defendant have failed to make
the payment towards the outstanding amount despite the issuance of
the legal demand notice dated 06.06.2023 by the plaintiff through
speed post.
(f) It is further averred that the plaintiff is entitled to obtain a
decree for recovery of a sum of Rs.2,50,182/- against the defendant
as under:
1. Outstanding amount towards the price
of the goods supplied to the defendant till
01.04.2021
Rs. 1,83,986/-
2. Interest on above outstanding amount Rs. 55,196/-
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Udit Walia Vs. Devinder Saini
CS SCJ No.: - 428/2024
Page 5 of 10 (Charan Salwan)
Civil Judge-03, Central, Delhi
From (27.05.22 to 27.01.24) @ 18% p.a.
3. Legal notice fee 11,000/-
4. Pendtelite interest @ 18 % -
5. Future interest @ 18 % -
Total: Rs. 2,50,182/-
(g) Hence, the present suit has been instituted by the plaintiff
seeking the following reliefs:
“a) Pass a decree for a sum of Rs. Rs.2,50,182/-
in favour of the plaintiff and against the defendant;
b) Award pendent-lit and future interest @
18% p.a. on the suit amount of Rs. Rs.2,50,182/-
from the date of institution of the suit till the date
of its realization from the defendant;
c) Award the cost of the suit in favour of the
plaintiff and against the defendant; and
d) Pass any other order or orders as this
Hon'ble Court deems fit & proper in favour of the
plaintiff & against the defendant in view of the
facts & circumstances mentioned herein above.”
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Udit Walia Vs. Devinder Saini
CS SCJ No.: - 428/2024
Page 6 of 10 (Charan Salwan)
Civil Judge-03, Central, Delhi
Service of Defendant
3. The defendant was duly served with summons of the suit
through electronic mode on 28.03.2024. Summons were also served
by the plaintiff and by RC by court, however, summons were
received back with report of refusal. Written Statement was not filed
by the defendant and therefore, the defence of the defendant was
struck off and the defendant was proceeded exparte vide order dated
28.05.2024.
Plaintiff’s Evidence
4. To substantiate its case, the plaintiff examined himself as
PW-1. He tendered his evidence by way of affidavit as Ex. PW1/A,
which bears his signatures at point A and B. He relied upon the
following documents: -
1. Original invoices from page 9 to 17 Ex. PW1/1 to Ex.
PW1/9.
2. True extract of statement of account from pages 18-21
Ex. PW1/10.
3. Original cheques Ex. PW1/11 to Ex. PW1/13.
4. Original cheque returning memos Ex. PW1/14 to Ex.
PW1/16.
5. Second original copy of legal demand notice dt.
06.06.23 Ex. PW1/17.
6. Original postal receipt Ex. PW1/18.
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Udit Walia Vs. Devinder Saini
CS SCJ No.: - 428/2024
Page 7 of 10 (Charan Salwan)
Civil Judge-03, Central, Delhi
7. Printout of net extract of proof of delivery of legal
notice Ex. PW1/19.
8. Certificate u/s 65B of IEA is Ex. PW1/20.
5. Thereafter, vide separate statement of the plaintiff, PE was
closed on 29.08.2024.
6. I have heard the ex-parte arguments on behalf of the plaintiff
and have also perused the record carefully.
Findings:
7. In support of his case, PW-1 tendered his evidence as per the
pleadings. The plaintiff has relied upon Ex. PW1/1 to Ex. PW1/9,
i.e., the invoices which show that there was commercial transaction
between the plaintiff and the defendant. The plaintiff has relied upon
original cheques Ex. PW1/11 to Ex. PW1/13 and return memo Ex.
PW1/14 to Ex. PW1/16 which shows that the payment attempted to
be made by the plaintiff failed. Further, the plaintiff has relied upon
statement of account Ex. PW1/10 which shows that dues are
pending against the defendant.
8. All the averments made by the plaintiff stand duly proved by
way of the afore-stated documents. Hence, the plaintiff has duly
discharged his burden of proof under section 101 of the Indian
Evidence Act, 1872. It was for the defendant to prove that there was
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Udit Walia Vs. Devinder Saini
CS SCJ No.: - 428/2024
Page 8 of 10 (Charan Salwan)
Civil Judge-03, Central, Delhi
no liability or amount due against him. It was for the defendant to
dispute the contractual relationship with the plaintiff or to dispute
the genuineness and correctness of the documents relied upon by the
plaintiff or to establish that the outstanding amount claimed or part
thereof has already been paid to the plaintiff or to prove that the
goods were not delivered. However, the defendant has failed to do
so. Despite service of summons, the defendant did not appear and
contest the matter and therefore, was proceeded exparte. Since the
defendant was proceeded exparte and no evidence was led by the
defendant, there is nothing on record which casts any doubt on the
testimony of PW1. The testimony of the PW1 has gone
unchallenged, uncontroverted, and unrebutted. Accordingly, the
plaintiff has successfully proved its case on a scale of balance of
probabilities. There is nothing on record which casts any doubt on
the testimony of PW1.
9. Hence, the plaintiff has duly discharged the burden of proof
under section 101 of the Indian Evidence Act, 1872. Accordingly,
the plaintiff has successfully proved its case on a scale of balance of
probabilities.
Interest
10. The plaintiff has instituted the present suit for principal
amount of Rs. 1,83,986/-. The plaintiff has claimed an interest of
18% p.a. on the principal amount from 27.05.2022 to 27.01.24. The
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Udit Walia Vs. Devinder Saini
CS SCJ No.: - 428/2024
Page 9 of 10 (Charan Salwan)
Civil Judge-03, Central, Delhi
plaintiff has not proved as to how it was agreed between the parties
that interest of 18% will be applicable. Further, the plaintiff has
claimed the amount of Rs. 1,83,986/- as shown in the statement of
accounts. Accordingly, this Court does not deem fit to award interest
of 18% p.a., from 27.05.2022 to 27.01.2024 amounting to
Rs.55,196/-. Further, the plaintiff has claimed interest at the rate of
18 % per annum on the decreetal amount. Considering the
prevailing market conditions, it is not considered equitable to grant
this high rate of interest. Accordingly, simple interest at the rate of
6% per annum is considered reasonable and equitable.
Relief:
11. In view of the above discussion, the suit of the plaintiff is de-
creed and the following relief is being given to the plaintiff: -
(a) A decree of Rs. 1,83,986/- is being passed in favour of
the plaintiff and against the defendant, alongwith simple
interest @ 6% p.a. from the date of filing of suit till date of
realization of the decreetal amount.
(b) Costs of the suit are also awarded in the favour of
the plaintiff and against the defendant.
12. Decree sheet be prepared accordingly.
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Udit Walia Vs. Devinder Saini
CS SCJ No.: - 428/2024
Page 10 of 10 (Charan Salwan)
Civil Judge-03, Central, Delhi
13. File be consigned to the record room after necessary
compliance.
Pronounced in open court: (Charan Salwan)
Dated: 18.11.2024 Civil Judge-03, Central,
Tis Hazari Courts, Delhi
Note: - This Judgment contains ten pages and all the pages
have been checked and signed by me.
(Charan Salwan)
Civil Judge-03, Central,
Tis Hazari Courts, Delhi
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