Final Order 15

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. PRANAT KUMAR JOSHI
ACJ-CUM-ARC-CUM-CCJ,
NORTH EAST DISTRICT: KARKARDOOMA COURTS, DELHI
DLNE030001382025
CS No. 95/2025
M/s V.K. Traders (Through its. Prop)
Mr. Manjeet Singh, S/o Sh. Lallu Singh
R/o D-192, D-Block, Ganga Vihar,
Gokal Puri, North-East, Delhi-110094
…......Plaintiff
Versus
M/s Himgange Gas Equipments Private Ltd.
Through Its Partner/Prop./Owner/MD/Principal Officer
Khewat No. 107, Industrial Block B,
Village Saidpura, Tehsil Derabassi,
District Mohali, Panjab-140103
Shri Sazal
Partner of M/s Himgange Gas Equipments Pvt. Ltd.
Khewat No. 107, Industrial Block B,
Village Saidpura, Tehsil Derabassi,
District Mohali Panjab-140103
........Defendants
Date of Institution : 24.02.2025
Date of reserving the judgment : 09.06.2026
Date of Judgment : 12.06.2026
Decision : Allowed
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SUIT UNDER ORDER XXXVII OF CPC FOR RECOVERY
OF Rs. 91,708/- ALONG WITH INTEREST @ 18% P.A.
JUDGMENT
1. Plaintiff has filed the present suit under Order 37
CPC for recovery of Rs. 91,708/- with interest @ 18% per
annum.
2. The defendant was served as per Order 5 Rule 20
CPC in the present suit. However, the defendant has failed to
enter appearance till date.
3. The plaintiff has averred that the defendant has been
a regular purchaser of powder paint from plaintiff with a running
account maintained for transactions. Further, defendant had
purchased material (Powder paint) from plaintiff as follows:-
Sr. No. Date Invoice No. Amount (Rs.)
1. 18.07.2023 98 Rs. 33,984/-
2. 11.11.2023 263 Rs. 28,320/-
3. 30.12.2023 315 Rs. 39,648/-
4. The plaintiff further averred that total transaction
amount is Rs.91,708/- which remains unpaid. Plaintiff made
numerous attempts to contact the defendants through repeated
phone calls and whatsApp messages. Thereafter, plaintiff sent a
legal notice dt. 28.11.2024 through his counsel through speed
post. Plaintiff further averred that the defendants failed to make
payment of the said amount despite various reminders clearly
demonstrates their
mala fide intentions. Hence, the present suit.
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5. Since the defendant has failed to put in appearance,
therefore, as per Order 37 Rule 3 (6) of CPC, plaintiff is entitled
to judgment forthwith. During plaintiff’s evidence, plaintiff has
filed copy of tax invoices Ex.PW1/A, Legal notice Ex.PW1/B,
copy of postal receipt Mark ‘A’, Screenshot of service of legal
notice through email is Mark ‘B’ and Aadhar card Ex.PW1/C.
These documents show that the defendant had purchased the
aforesaid amount from the plaintiff.
6. The plaintiff has claimed interest at the rate of 18 %
per annum. However, in the considered opinion of this Court,
interest @ 18 % per annum is on a higher side. This Court is of
the view that the plaintiff will be sufficiently compensated if
interest @ 6 % p.a. is granted to it. Hence, the plaintiff is only
entitled to interest @ 6 % per annum on the principle sum of Rs.
91,708/- from the date of filing of suit till its realization.
7. Thus, the suit of plaintiff is decreed without costs
for sum of Rs. 91,708/- with interest @ 6 % p. a. from the date of
filing of suit till today i.e. 12.06.2026. Decree sheet be prepared
accordingly. File be consigned to Record Room.
Announced in the open court (PRANAT KUMAR JOSHI)
on 12th June, 2026 ACJ-cum-ARC-cum-CCJ
North-East District, KKD,
Delhi
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