Final Order 7

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SHRI SANJAY SHARMAI :
DISTRICT JUDGE (COMMERCIAL COURT01)
EAST DISTRICT
KARKARDOOMA COURTS : DELHI
CS (Comm) No. 38/2023
M/s RA Chem Enterprises Pvt. Ltd.
having its Registered office at:
A139, Preet Vihar
Delhi – 110092
Also at:
CW604, Ground Floor
Sanjay Gandhi Transport Nagar
Delhi – 110042 ..................Plaintiff
Versus
1. M/s SVR Healthcare
2. Mr. Kunnal Mittal
3. Mr. Nitin Gupta
Partner, SVR Healthcare
4. Mr. Ashok Parmar
Partner, SVR Healthcare
All available at :
Rampur Ghat, Paonta Sahib
Distt. Sirmour, HP 173025 ............Defendants
Date of institution : 25.01.2023
Date of reserving judgment : 09.08.2023
Date of judgment : 22.08.2023
J U D G M E N T :
The plaintiff has filed the present suit for recovery of a
sum of Rs.42,28,659/ against the defendants alongwith interest
@ 18% per annum future and pendentlite.
CS (Comm) No. 38/2022
M/s RA Chem Enterprises Pvt. Ltd.
vs M/s SVR Healthcare & Ors. 1 of 5
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1.1 In brief, the facts as averred in the plaint are that the
plaintiff is a company duly registered with the Registrar of
Companies, 1956 and is engaged in the business of trading and
supplying Drugs and Pharmaceuticals raw materials. The present
suit has been filed by its Director Shri Inderjeet Arora vide Board
Resolution in his favour.
1.2 It is submitted that defendant no. 1 is a company and
defendants no. 2 to 4 are its partners. They approached the
plaintiff company at Delhi for supply of certain pharmaceuticals
raw materials pursuant to which, plaintiff supplied the products
to the defendants. Plaintiff supplied goods worth Rs. 36,71,053/
to the defendant vide various invoices which were received by
the defendants. Defendants assured the plaintiff that the amount
of the invoices would be cleared. The said outstanding amount
was not cleared despite various reminders and calls and thus,
plaintiff issued a legal demand notice dated 30.09.2022 to the
defendants. Plaintiff filed an application for prelitigation
mediation but defendant did not appear there and hence, non
starter report dated 21.12.2022 was issued. Hence, the present
suit.
2. Defendants were duly served with the summons of
the suit which were received back with report of refusal and
hence, was deemed a valid service. However, no appearance or
written statement was filed on their behalf and thus, they were
proceeded against exparte vide order dated 03.05.2023.
3. The plaintiff led its evidence and examined its
Director/Authorized Representative Shri Inderjeet Arora as PW1.
CS (Comm) No. 38/2022
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vs M/s SVR Healthcare & Ors. 2 of 5
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He tendered his evidence by way of affidavit Ex.PW1/A and
relied upon the following documents :
Authority Letter in my favour as Ex. PW1/1.
Computer generated MSME Certificate in favour of
plaintiff as Ex. PW1/2.
Copy of bills/Invoices raised by the plaintiff as Ex.
PW1/3(colly pages 23 to 58).
Copy of the ledger account of defendant as Ex.
PW1/4(colly pages 59 to 66).
Copy of demand notice dated 30.09.2022 sent by
plaintiff to defendant as Ex. PW1/5 and its postal receipt as Ex.
PW1/6.
Nonstarter report dated 22.12.2022 as Ex. PW1/7.
Certificate under Section 65B of the Indian Evidence Act
in respect of computer generated documents as Ex. PW1/B.
4. I have heard Shri Atul Sahi – Ld. Counsel for the
plaintiff and have also gone through the records of the case.
5. The evidence led by PW1 has gone unrebutted and
unchallenged and there is nothing on record to disbelieve the
same. PW1 deposed that he is the Director of the plaintiff
company and has signed, verified and filed the present suit. He
proved the authority letter in his favour Ex.PW1/1. He further
deposed that the plaintiff is also registered as a micro company
under MSME Act and proved the said certificate Ex. PW1/2.
PW1 deposed that defendants approached the
plaintiff for supply of certain pharmaceuticals raw materials
which the plaintiff company had supplied to the defendants.
Plaintiff further raised bills/invoices for the said material and
further proved those bills/invoices Ex. PW1/3(colly). He further
CS (Comm) No. 38/2022
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proved the ledger account of the defendant company Ex. PW1/4
(colly) wherein the payments made by the defendants have been
shown. As per the said ledger account, an amount of Rs.
36,71,053/ is due upon the defendant as on 30.09.2022
alongwith interest @ 18% per annum.
PW1 further deposed that various requests were made to
the defendants to clear the outstanding amount but defendant did
not make any payment nor approached the plaintiff. He proved
the legal notice dated 30.09.22 sent to the defendant Ex. PW1/5
alongwith its postal receipt Ex. PW1/6. He also proved the
certificate under Section 65B of Evidence Act Ex. PW1/B in
respect of computer generated documents i.e. ledger and
invoices.
5.2 Perusal of the aforesaid documents show that the
plaintiff had supplied goods as per the purchase order and raised
invoices for payment but the defendant has failed to pay the
same.
6. The plaintiff filed the present suit on 25.01.2023.
Thus, the suit was filed within the period of limitation. This
Court also has the pecuniary as well as the territorial jurisdiction
to try and dispose of the present suit.
7. In view of the above, the suit of the plaintiff is
hereby decreed in its favour and against the defendants and it is
directed that the defendants shall jointly and severely pay a sum
of Rs.42,28,659/ to the plaintiff alongwith interest @ 18% per
annum from the date of filing of the suit, till the realization of the
said amount. Costs of the suit are also awarded to the plaintiff.
CS (Comm) No. 38/2022
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vs M/s SVR Healthcare & Ors. 4 of 5
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Decree Sheet be prepared accordingly.
File be consigned to Record Room.
ANNOUNCED IN OPEN COURT
ON 22nd day of August 2023
(SANJAY SHARMAI)
District Judge (Commercial Court)
East District
Karkardooma Courts, Delhi
CS (Comm) No. 38/2022
M/s RA Chem Enterprises Pvt. Ltd.
vs M/s SVR Healthcare & Ors. 5 of 5
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