Final Order 6

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. VINOD JOSHI,
ACJ-CCJ-ARC(EAST), KARKARDOOMA COURTS, DELHI
CS No. 937/23
IN THE MATTER OF:
M/s NS Micro Venture
Off: G-28, 1st floor, Subhash Chowk,
Laxmi Nagar, Delhi-110092
Through Proprietor Sh. Rocky Thakur ….Plaintiff
VERSUS
M/s Shakmbhri Polymers (Proprietorship firm)
Through its sole (Proprietor/CEO),
Sh. Gauri Shankar Sharma,
Off: J-201, Sector-5, DSIISC, Industrial Area,
Bawana, New Delhi-110039 ….Defendant
DATE OF INSTITUTION : 25.11.2023
DATE OF RESERVING THE ORDER : 25.07.2024
DATE OF DECISION : 06.09.2024
SUIT FOR RECOVERY OF RS. 77,640/-
EX-PARTE JUDGMENT
1. The brief facts of the plaintiff’s case are as follows :-
(i) The defendant is proprietorship firm. After comparing
various quotations from the market, the defendant finally approached the
plaintiff concern in the year 2020 at her corporate office situated at G-28,
1st floor, Subhash Chowk, Laxmi Nagar, New Delhi-110092 for taking
supply of certain minerals and some other products for his business.
(ii) The defendant asked the plaintiff to provide some
goods/material for his business and the plaintiff sent the same and raised
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invoices at the time of each delivery.
(iii) After supplying the goods to the defendant, the plaintiff
asked to the defendant to pay the amount. Even after several reminders
made by the plaintiff to the defendant but the defendant had not paid the
balance amount of Rs. 77,640/- till September, 2023.
(iv) Thereafter, the plaintiff sent a legal notice dated 23.09.2023
to the defendant.
2. The summons of the suit were issued and duly served upon
the defendant. However, despite the service, the defendant never appeared
before the court nor filed any written statement. Defendant was
accordingly, proceeded ex-parte, vide order dated 22.02.2024.
3. During, ex-parte plaintiff evidence, the AR of the plaintiff
appeared in the witness box as PW1 and tendered his evidence by way of
affidavit Ex PW-1/A. He has testified on the same lines as that of plaint.
PW-1 has relied on and proved the following documents:-
(i) Copy of my Aadhar Card is Ex PW-1/1 (OSR).
(ii) Original SPA dated 03.11.2023 is Ex PW-1/2.
(iii) Copy of GST certificate is Ex PW-1/3 is Ex PW-1/3.
(iv) Copy of certificate of proprietorship concern is Ex PW-1/4.
(v) Copy of invoices is Ex PW-1/5 (colly).
(vi) Copies of e-way bills is Ex PW-1/6 (colly).
(vii) Copies of statement of account is Ex PW-1/7 (colly).
(viii) Copy of ledger is Ex PW-1/8.
(ix) Copy of legal notice is Ex PW-1/9.
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(x) Copy of courier and postal receipts is Ex PW-1/10.
(xi) Copy of deliver report is Ex PW-1/11.
(xii) Certificate under Section 65 of Indian Evidence Act is Ex
PW-1/12.
4. The court has already heard the ex-parte final arguments
advanced by the learned counsel for the plaintiff. The entire record is
also perused.
5. As per settled proposition of law it stands established on
record that whatever the AR of the plaintiff deposed in the evidence
which is by way of affidavit Ex PW-1/A have to be taken admitted
deposition as it has completely gone unrebutted. The Hon'ble Delhi High
Court in M/s Eco Lab Inc vs Eco Labs Ltd 2011 (185) DLT 664 has
observed that where the AR of the plaintiff's evidence has gone
unrebutted as the defendant has failed to cross-examine the AR of the
plaintiff then in such situation the evidence filed by AR of the plaintiff is
taken to be correct. There is no other version available to the court with
respect to the facts and circumstances which have been averred in the
plaint and proved by AR of the plaintiff. Accordingly, the version given
by AR of the plaintiff on oath is accepted as correct and true. I find no
reason to disbelieve the testimony of the AR of the plaintiff and the
documents Ex PW-1/1, Ex PW-1/2, Ex PW-1/3, Ex PW-1/4, Ex PW-1/5
(colly), Ex PW-1/6 (colly), Ex PW-1/7 (colly), Ex PW-1/8, Ex PW-1/9,
Ex PW-1/10, Ex PW-1/11 and Ex PW-1/12. The suit is also well within
the period of limitation. In view of the unrebutted and unchallenged
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testimony of the plaintiff the present suit is decreed with costs. Plaintiff is
entitled to the recovery of Rs. 77,640/- (Seventy Seven Thousand Six
Hundred Forty Only ) in favour of the plaintiff and against the defendant
along with the costs of the suit. The plaintiff has also prayed for interest
@ 18% p.a from the date of filing of suit its realization. However, in the
opinion of this Court, the said rate of interest is excessive. Accordingly,
interest is also awarded to the plaintiff @6% per annum.
6. Decree Sheet be prepared accordingly.
7. File be consigned to Record Room after necessary compliance.
Announced in the open Court (Vinod Joshi)
on this 06th of September, 2024 ACJ/ARC/CCJ (East)
Karkardooma Courts, Delhi
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