Final Order 13

Order Details: COPY OF JUDGMENT
Pdf Text: CS SCJ 1067/2024
Vinod Kumar Vs. Elite Designers
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(Aayushi Saxena)
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Civil Judge-03, Central, Tis Hazari Courts, Delhi
IN THE COURT OF MS. AAYUSHI SAXENA,
CIVIL JUDGE - 03, DISTRICT CENTRAL,
TIS HAZARI COURTS, DELHI
CS SCJ No. : - 1067/2024
CNR No. :- DLCT030042582024
Sh. Vinod Kumar,
S/o Late Nirajan Dass,
Proprietor of N.D. Lohia & Sons,
Office at- 2901/45, Jyoti Market, Delhi-110006.
...Plaintiff
Versus
Eltie Designers,
Through its Director,
Principle Place of Business -3/447,
Vishwas Khand, Gomti Nagar, Lucknow-226010.
...Defendant
Date of Institution of the Suit : 30.05.2025
Date of Judgment : 03.12.2025
SUIT FOR RECOVERY OF RS. 20,949/-
JUDGMENT
1. The present suit has been filed by Mr. Vinod Kumar
(
hereinafter referred to as the Plaintiff) against Elite Designers,
through its director
(hereinafter referred to as Defendant) for
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CS SCJ 1067/2024
Vinod Kumar Vs. Elite Designers
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(Aayushi Saxena)
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Civil Judge-03, Central, Tis Hazari Courts, Delhi
recovery of amount of Rs.20,949/- along with pendente lite and
future interest @ 24 % p.a.
Brief Facts of the Case
2. Brief facts mentioned in the plaint are as under:
2.1. The Plaintiff is the Authorized Representative/Proprietor
of N.D. Lohia & Sons and is a manufacturer/distributor of
multiple products of S.S. 304 concealed hinges all over
India.
2.2. The Defendant approached the Plaintiff and gave an
offer to him to become the supplier of multiple products of
S.S. bearing hinges 4X3X3 304 grade concealed hinges for
the Defendant’s Company. The Plaintiff duly accepted the
said offer of the Defendant.
2.3. Defendant gave orders to the Plaintiff for supply of S.S.
bearing hinges 4X3X3 304 grade concealed hinges as per
its requirement on different dates in the year 2023 and the
Defendant used to supply the goods as per the orders
placed.
2.4. As per the books of account/ledger, maintained by the
Plaintiff in the regular course of business, an amount of
Rs.20,949/- became due towards the Defendant and the
Plaintiff requested the Defendant to pay the outstanding
amount but the Defendant did not pay any heed to the
request of the Plaintiff.
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Vinod Kumar Vs. Elite Designers
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(Aayushi Saxena)
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Civil Judge-03, Central, Tis Hazari Courts, Delhi
2.5. On 13.05.2024, legal notice was issued by Plaintiff,
through his counsel, to the Defendant to clear the said
outstanding dues but the Defendant failed to clear the
outstanding dues despite receiving the said legal notice.
2.6. Hence, the instant suit wherein the following reliefs have
been claimed:
“a) Pass a decree of recovery of Rs.20,949/- in favour of
Plaintiff and against the Defendant alongwith pendente-lite
and future interest @ 24% p.a. from the date of filing of the
suit till realisation;
b) Award Cost of the suit in favour of the Plaintiff and
against the Defendant;
Pass any other Order/ direction which this Hon'ble Court
may deem fit and proper in the interest of justice.”
3. Summons of the suit were duly served on the Defendant
on 31.01.2025 through e-mode. The Defendant neither entered
appearance nor filed the written statement. Hence, the
Defendant was proceeded
ex-parte vide order dated 23.04.2025
and the case was listed for
ex-parte evidence.
4. In order to prove his case, Mr. Vinod Kumar, Proprietor
of N.D. Lohia & Sons, was examined as PW-1 and he tendered
his evidence by way of affidavit Ex.PW1/A. He relied upon the
following documents viz. copy of Aadhar Card Ex.PW1/1
(OSR), bill dated 02.06.2023 Ex.PW1/2 (OSR), legal notice
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Civil Judge-03, Central, Tis Hazari Courts, Delhi
alongwith tracking report and receipt Ex.PW1/3 (colly) [Page
no.15 to 21], ledger account Ex.PW1/4.
5. Vide order dated 04.08.2025,
ex-parte PE was closed
and the matter was fixed for ex-parte final arguments.
6. Ex-parte final arguments were advanced by Mr.
Abhishek, Ld. Counsel for Plaintiff.
7. I have heard the submissions of Ld. Counsel for Plaintiff
and perused the material on record.
8. The Plaintiff has reiterated his version of plaint on oath.
The Plaintiff has filed bill dated 02.06.2023 Ex.PW1/2 (OSR)
reflecting that goods were supplied to the Defendant. The
ledger account Ex. PW1/4 further corroborates that a sum of
Rs.20,949/- remained outstanding against the Defendant as on
03.06.2023. Plaintiff had also sent legal notice Ex.PW1/3
(colly) to the Defendant requesting the Defendant to clear the
outstanding dues and as per the tracking report, filed on behalf
of the Plaintiff, the legal notice was duly delivered at the
address of Defendant.
9. The testimony of PW1 has remained unchallenged and
uncontroverted, as the Defendant failed to appear before the
court to contest the suit on merits despite having been duly
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Civil Judge-03, Central, Tis Hazari Courts, Delhi
served with summons. In the absence of any rebuttal or cross-
examination, the credibility of PW1’s deposition remains intact
and unimpeached. Accordingly, the possibility of doubting the
testimony of PW1 stands negated.
10. Additionally, the suit has been filed within limitation.
This Court has territorial jurisdiction as cause of action has
arisen within the jurisdiction of this Court as evinced from
paragraph 14 of the plaint.
11. In view of the foregoing discussion, the suit of the
Plaintiff is decreed for a sum of Rs.20,949/-. The Plaintiff has
prayed for interest @ 24 % p.a., which appears to be
unreasonable and not as per the prevailing market rate of
interest. Plaintiff is thus granted pendente lite and furture
interest @ 9 % p.a. Cost of the suit is also awarded in favour of
the Plaintiff.
12. Decree sheet be prepared accordingly. File be consigned
to record room after due compliance.
Pronounced in open court: (Aayushi Saxena)
Dated: 03.12.2025 Civil Judge-03, Central,
Tis Hazari Courts, Delhi
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