Final Order 10

Order Details: COPY OF JUDGMENT
Pdf Text: CS (COMM) No.: 225/24 Neeraj Mohan Vs Rajender Kumar
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IN THE COURT OF SH. JAGDISH KUMAR:
DISTRICT JUDGE (COMMERCIAL COURT-01)
NORTH DISTRICT: ROHINI COURTS: DELHI
CS (Comm) No.: 225/24
CNR No. DLNT010053392024
NEERAJ MOHAN
Proprietor of M/S Amrit Traders
O/N: 266, Sector -1
DSIIDC Bawana Industrial Area,
Delhi 110039 ….Plaintiff
Versus
RAJENDER KUMAR
Prop of M/S V.R Paper Product
Khasra No. 154/888, Ground Floor
Village Puth Khurd, Bawana
Delhi- 110039
Phone No.: 8860717238/ 9640432040
Also at:
House No. 10/A, Ishwar Colony
Phase 2, Bawana, New Delhi -110039
…. Defendant
Date of Institution : 19.04.2024
Date on which arguments were concluded : 05.12.2025
Date of pronouncement of order : 05.12.2025
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CS (COMM) No.: 225/24 Neeraj Mohan Vs Rajender Kumar
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JUDGMENT
1. Facts of the case are that present ordinary suit for recovery
of Rs. 6,97,144/- with pendent-lite and future interest and cost,
has been filed by the plaintiff against the defendant.
2. The plaintiff is carrying on the business of
manufacturing of all kinds of corrugated paper roll items in
Delhi. And duly registered with the GST department vide GST
record no. 07AAYPM9755E1ZX under the name and style of
“
M/S Amrit Traders”. The defendant is running the firm under
the name and style of “
M/S V.R Paper Product” under the
proprietorship of defendant Rajender Kumar. The defendant
approached the plaintiff in the month of December, 2021 for
purchase of goods. The defendant placed orders with plaintiff
from 2021 for an amount of Rs. 22,15,372/-. The plaintiff has
delivered the orders against the invoices. The plaintiff used to
maintain a running account in the ordinary course for the
transactions with defendant. And as per the ledger of plaintiff, an
amount of Rs.5,76,152/- is still outstanding against the
defendant, because the defendant had paid only Rs. 16,39,220/-.
Thereafter, plaintiff sent legal cum demand notice dated
08.01.2024 to defendant but defendant didn’t reply. Thereafter,
the plaintiff filed pre-institution mediation application on
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08.02.2024 before District Legal Aid Services Authority North
District Rohini. But the mediation was not successful and hence
non-starter report was issued by the District Legal Aid Services
Authority North District Rohini on 27.03.2024.
3. After filing of the suit, summons of the suit were
issued to the defendant. Summons issued to the defendant
received back with the report ‘refused’ as per the report dated
06.05.2024. But none has appeared on behalf of defendant nor
any written statement has been filed. Hence, defendant was
proceeded against ex-parte on 13.08.2024. The following
notional issues were framed as under:
I.
Whether plaintiff is entitled to decree in the sum of
Rs. 6,97,144/- as prayed for? …OPP
II.
Whether plaintiff is entitled to interest? If yes, at
what rate and for what period? …OPP
III.
Relief.
4. In order to prove the case, the plaintiff examined
himself as PW1. The PW 1 has reiterated in his evidence the
contents of the plaint, filed through affidavit Ex. PW1/A. The
PW 1 has relied upon following documents: -
i.
Ex. PW 1/1 is statement of account.
ii.
Ex.PW1/2 is the Invoice no. 722.
iii.
Ex.PW 1/3 is the Invoice no. 734.
iv.
Ex.PW 1/4 is the Invoice no. 747.
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v.
Ex.PW 1/5 is the Invoice no. 770.
vi.
Ex.PW 1/6 is the Invoice no. 788.
vii.
Ex.PW 1/7 is the Invoice no. 810.
viii.
Ex.PW 1/8 is the Invoice no. 822.
ix.
Ex.PW 1/9 is the Invoice no. 847.
x.
Ex.PW 1/10 is the Invoice no. 856.
xi.
Ex.PW 1/11 is the Invoice no. 868.
xii.
Ex.PW 1/12 is the Invoice no. 875.
xiii.
Ex.PW 1/13 is the Invoice no. 881.
xiv.
Ex.PW 1/14 is the Invoice no. 895.
xv.
Ex.PW 1/15 is the Invoice no. 904.
xvi.
Ex.PW 1/16 is the Invoice no. 914.
xvii.
Ex.PW 1/17 is the Invoice no. 926.
xviii.
Ex.PW 1/18 is the Invoice no. 940.
xix.
Ex.PW 1/19 is the Invoice no. 950.
xx.
Ex.PW 1/20 is the Invoice no. 954.
xxi.
Ex.PW 1/21 is the Invoice no. 960.
xxii.
Ex.PW 1/22 is the Invoice no. 964.
xxiii.
Ex.PW 1/23 is the Invoice no. 286.
xxiv.
Ex.PW 1/24 is the Invoice no. 390.
xxv.
Ex.PW 1/25 is the Invoice no. 417.
xxvi.
Ex.PW 1/26 is the Invoice no. 447.
xxvii.
Ex.PW 1/27 is the Invoice no. 488.
xxviii.
Ex.PW 1/28 is the copy of legal demand notice.
xxix.
Ex.PW 1/29 is the postal receipt no. ED030082895IN.
xxx.
Ex.PW 1/30 is the postal receipt no. ED030083012IN.
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xxxi.
Ex.PW 1/31 are postal tracking report of
EDO30082895IN.
xxxii.
Ex.PW 1/32 is postal 0313 tracking report of
ED030082895IN.
xxxiii.
Ex.PW 1/33 is certificate in the form of affidavit u/s 65
B of the Indian Evidence Act.
xxxiv.
Ex.PW 1/34 is Non-Starter Report certificate.
5. In order to prove its case, the plaintiff examined
another witness PW2, namely, Mr. Manish, Senior Assistant,
Posted at Department of Trade & Taxes, Board-63, Office at
ITO, Vypar Bhawan, Delhi. The PW 2 has relied upon following
documents: -
i Ex. PW2/A (colly) is the Certified copy of record
pertaining to GSTR-2B-Auto Drafted ITC statement for
the financial year 2022-2923 and for the year 2023-2024 of
the GST no. 07BKPPK2885P1Z6 and the legal trade name
of the defendant is V.R Paper products.
ii Ex. PW 2/B is the certificate u/s 65 B of Indian Evidence
Act.
6. I have heard the arguments of Ld Counsel of plaintiff
in ex-parte and considered the arguments. I also perused the
record. The plaintiff as PW 1 himself has proved the statement of
account Ex. PW 1/1. The plaintiff / PW 1 has also placed on
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record the invoices Ex. PW 1/2 to Ex. PW 1/27. The plaintiff/PW
1 has also placed on record Ex.PW 1/29, Ex. PW 1/30 & Ex. PW
1/31 vide which, legal notice Ex. PW 1/28 was sent to the
defendant. Document Ex. PW 1/33 is certificate in the form of
affidavit U/s 65 B of the Indian Evidence Act, to prove the
genuineness of electronic evidence. The document Ex. PW 1/34
is the original Non-Starter Report of the mediation.
7. The plaintiff has also examined another witness PW 2
Mr. Manish, Senior Assistant, Posted at Department of Trade &
Taxes, Board-63, Office at ITO, Vypar Bhawan, Delhi who has
proved the Certified copy of record pertaining to GSTR-2B-Auto
Drafted ITC statement for the financial year 2022-2923 and for
the year 2023-2024 of the GST no. 07BKPPK2885P1Z6 and the
legal trade name of the defendant is V.R Paper products as Ex.
PW 2/A. PW 2 has also placed on record Ex. PW 2/B is the
certificate u/s 65 B of Indian Evidence Act in corroboration of
Ex. PW 2/2.
8. In view of the evidence brought on record by the
plaintiff, it is held that plaintiff has successfully proved that
defendant had not paid the outstanding amount of Rs.5,76,152/-
to the plaintiff. Though it is mentioned in the invoices that
interest rate @ 18% shall be charged, if the payment was not
made by the defendant within the stipulated time but it on higher
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side. However, considering the prevailing interest rate being paid
by the Nationalized Bank, this Court is awarding interest @ 9%
per annum in favour of the plaintiff from the date of last payment
of goods received from defendant i.e. 21.10.2023. The suit of the
plaintiff is decreed accordingly for a sum of Rs.5,76,152/- with
@ 9% per annum interest from 21.10.2023 till realization of
decretal amount. Suit is decreed with cost.
Decree be prepared and file be consigned to record
room after necessary compliance.
Announced in open court
on 5th day of December, 2025
(Jagdish Kumar)
District Judge-Commercial Court-01
North District, Rohini Court, Delhi.
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