Final Order 8

Order Details: COPY OF JUDGMENT
Pdf Text: Civ Suit 131/25 M/s J.B. Industries Vs. M/s UV Office Furniture Industries Pg. No. 1/5
IN THE COURT OF DR. SAEMA JAIN
JSCC-ASCJ-GUARDIAN JUDGE, EAST,
KARKARDOOMA COURTS, DELHI
CNR No. DLET030002072025
IN THE MATTER OF:
CS NO. 131/25
Mr. Saurabh Jain,
Proprietor of:
M/s J.B. Industries
Branch Office At: 38, Gali No.3,
Radhey Puri, Krishna Nagar,
Delhi-110051 ......Plaintiff
Versus
Mr. Gaurav Khandelwal,
Proprietor of:
M/s UV Office Furniture Industries
At: Plot No. 168 & 169,
Toy City Ecotech-III,
Greater Noida-201306,
Uttar Pradesh
Also at:
Flat No. 41/24, Tower No.4,
ATS Advantage, Ahinsa Khand 1,
Indrapuram, Ghaziabad-201014 ......Defendant
SUIT FOR RECOVERY OF Rs.1,20,528/-
Date of filing : 20.02.2025
Date of Institution : 21.02.2025
Date of judgment : 15.09.2026
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Civ Suit 131/25 M/s J.B. Industries Vs. M/s UV Office Furniture Industries Pg. No. 2/5
EX-PARTE JUDGMENT
1. This judgment shall dispose of the suit of the plaintiff filed
for the recovery of Rs.1,20,528/-.
PLAINT
2. The brief facts of the case, as per the plaint, are as follows:
(i) The plaintiff is proprietor of M/s J.B. Industries and is
engaged in supply of the packaging items to different
entities and business establishments.
(ii) The defendant approached the plaintiff in August 2024
at his address and stated that he required the goods on credit
basis as he is involved in office furniture business. The
defendant assured the plaintiff that he would clear all the
payments within a few weeks. Upon this assurance, the
plaintiff supplied the required goods to the defendant vide
different invoices bearing Nos. 1155 dated 28.08.2024, No.
1309 dated 14.09.2024, No. 1330 dated 17.09.2024, No.
1599 & 1604 both dated 11.10.2024, No. 1621 dated
15.10.2024 and No. 1690 dated 21.10.2024 for a total sum
of Rs. 1,20,528/-.
(iii) The plaintiff delivered the goods through transportation
from his office on the condition that the payment for the
goods shall be made within thirty days of their delivery by
the defendant. The goods supplied were of high standard
quality and no complaints regarding the same were made by
the defendant. However, despite timely and proper delivery
of the goods, the defendant did not make any payment for
them to the plaintiff. The plaintiff made repeated requests
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and demands from the defendant, but to no avail. He
ultimately realized that he had been fraudulently and
dishonestly deceived by the defendant, who never had any
intention to pay. Left with no other remedy, the plaintiff
filed the present suit for recovery of Rs.1,20,528/- along
with interest @ 24% per annum.
3. Summons of the suit were duly served upon the defendant
on 23.05.2025 as well as on 06.09.2025 through speed post.
Despite the same, he neither entered his appearance nor
filed WS. Therefore, his defence was struck off and he was
proceeded ex-parte vide order dated 27.01.2026.
4. The matter was then listed for ex-parte PE. The plaintiff
stepped into the witness box and examined himself as PW1.
In his testimony, PW1 tendered his evidence by way of
affidavit Ex.PW1/A in which he reiterated the contents of
the plaint. PW1 also relied upon the following documents:
(i) Invoice No. 1155 dated 28.08.2024 i.e. Ex.PW-1/1.
(ii) Invoice No. 1309 dated 14.09.2024 i.e. Ex.PW-1/2.
(iii) Invoice No. 1330 dated 17.09.2024 i.e. Ex.PW-1/3.
(iv) Invoice No. 1599 dated 11.10.2024 i.e. Ex.PW-1/4.
(v) Invoice No. 1604 dated 11.10.2024 i.e. Ex.PW-1/5.
(vi) Invoice No. 1621 dated 15.10.2024 i.e. Ex.PW-1/6.
(vii) Invoice No. 1690 dated 21.10.2024 i.e. Ex.PW-1/7.
(viii) Account statement of the defendant i.e. Ex.PW-1/8.
(ix) Copy of legal notice i.e. Ex.PW-1/9.
(x) Postal receipt dated 24.01.2025 i.e. Ex.PW-1/10.
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(xi) Whatsapp screenshot i.e. Ex.PW-1/11.
(xii) Certificate u/s 63(4) of BSA, 2023 i.e. Ex.PW-1/12.
5. No other witnesses were examined by the plaintiff and PE
stood closed. The matter was then listed for ex-parte final
arguments.
6. Ex-parte final arguments were heard on behalf of the
plaintiff. Record was perused.
7. During the arguments, ld. Counsel for the plaintiff adverted
inter alia to the account statement of the defendant i.e.
Ex.PW-1/8 and the invoices i.e. Ex.PW-1/1 to Ex.PW-1/7 to
show that goods were supplied to the defendant and that he
is liable to pay an outstanding amount of Rs. 1,20,528/- to
the plaintiff.
8. The testimony of PW1 is unrebutted and uncontroverted.
Further, the unrebutted testimony of PW1 and the
documents present on record corroborate the version of the
plaintiff. Furthermore, certificate u/s 63(4) BSA 2023, i.e.
Ex. PW1/12 has also been placed on record in support of the
electronic evidence produced.
9. There is nothing on record to displace the testimony of
PW1. Reference can be placed upon the judgment of
Hon’ble High Court of Delhi in
M/S Eco Lab I.M.C.N. v.
Eco Labs Ltd. 2011 (185) DLT 664 wherein it was held that,
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“if the defendant has failed to cross-examine the
plaintiff, the evidence of plaintiff is presumed to be
correct. The unrebutted testimony of the plaintiff
therefore stands proved”.
10. The suit of the plaintiff is also well within limitation.
11. The plaintiff has sought pendente lite and future interest @
24% per annum. However, this court finds no reason to
allow such an exorbitant rate of interest. Keeping in mind
the mandate of Section 34 CPC, the interest of justice would
be served if the plaintiff is granted only pendente lite simple
rate of interest @ 6% per annum and future simple rate of
interest @ 9% per annum till its realization.
RELIEF
I. In view of the above consideration, the plaintiff is
awarded a decree of Rs. 1,20,528/- against the defendant
alongwith pendente lite simple rate of interest @ 6% per
annum and future simple rate of interest @ 9% per annum
till the actual realization of the amount.
II. The cost of the suit is also awarded in favour of the
plaintiff and against the defendant.
Decree-sheet be prepared accordingly.
Announced in open court on this 15th September, 2026, this
judgment consists of 05 pages.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
15.09.2026
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