Final Order 6

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. AMIT KUMAR: DISTRICT JUDGE
(COMMERCIAL COURT-01)
NORTH DISTRICT: ROHINI COURTS: DELHI
CS (Comm.) No. 707/2023
CNR No. DLNT01-013419-2023
M/S LEZINI METALS (PVT.) LTD.
HAVING OFFICE AT: B-35/3,
IInd FLOOR, INDUSTRIAL AREA,
G.T. KARNAL ROAD, DELHI-110033.
…..PLAINTIFF
VS.
1. M/S DACC INTERNATIONAL PRIVATE LIMITED
HAVING ITS OFFICE AT:
56B/1, N.I.T. INDUSTRIAL AREA,
FARIDABAD, HARYANA-121001.
ALSO AT:
TOWER-7-2C, ANAND VILLA
ESCORTS NAGAR FARIDABAD
HARYANA-121007.
ALSO AT:
RZ-6/231-232, J BLOCK
SAGARPUR WEST NEW DELHI
SOUTH WEST DELHI DL 110046.
2. MR. BRIJLAL BANSAL
DIRECTOR/AUTHORIZED SIGNATORY OF
M/S DACC INTERNATIONAL PRIVATE LIMITED
AT:56B/1, INDUSTRIAL AREA,
N.I.T. FARIDABAD, HARYANA-121001.
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ALSO AT:
TOWER-7-2C, ANAND VILLA
ESCORTS NAGAR FARIDABAD
HARYANA-121007.
3. M/S JAIN ENTERPRISES
4. MR. GOPAL YADAV
BOTH AT:
GROUND FLOOR, PKT C, SEC.-4,
BAWANA IND. AREA DSIC
NORTH WEST DELHI-110039.
….DEFENDANTS
Date of institution of case : 02.12.2023
Date of arguments : 16.01.2025
Date of pronouncement of judgment : 16.01.2025
J U D G M E N T :
Present is a suit seeking recovery of Rs.50,47,000/-
alongwith pendentelite and future interest @ 12% per annum.
The brief facts necessary for the disposal of the suit as averred in
the plaint are that the plaintiff is a duly registered company
dealing in sale and purchase of ferrous and non ferrous metal
products. Defendant no.1 which is a company through its director
no.2 approached the plaintiff for supply of Zinc SHG. The goods
were supplied vide various invoices to defendant no.1 but were
built to defendant no.3 which is a partnership concern of whom
defendant no.4 is a partner. The details of the invoices have been
referred in para 3 of the plaint. It is claimed that the defendant
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no.3 is a sister concern of defendant no.1. After adjusting all the
payments, an amount of Rs.49,00,000/- was outstanding against
the defendant for which defendant no.1 issued a cheque of
Rs.49,00,000/- dated 01.07.2023. The cheque however bounced
and thereafter, the suit has been filed seeking recovery of the
principal alongwith interest.
Summons of the suit were upon the defendants through
emode on whatsapp and email on 05.04.2024 but thereafter
neither anybody has appeared nor written statement was filed on
behalf of the defendant, the defence of the defendant was struck
off on 31.07.2024 and following notional issues were framed on
that date :
(i). Whether plaintiff is entitled to decree in the sum of
Rs.50,47,000/- as prayed for? OPP.
(ii). Whether the plaintiff is entitled to any interest and if
so, at what rate, at what amount and for what period? OPP.
(iii). Relief.
Plaintiff to prove its case examined attorney of the plaintiff
as the sole witness. He proved on record the following
documents:
1. Board resolution of plaintiff company as Ex.PW1/A.
2. Statement of account as Ex.PW1/B.
3. Copy of invoices as Ex.PW1/C (Colly.).
4. Certified copy of cheque bearing no.453814 as Ex.PW1/D.
5. Returning memo dated 10.07.2023 as Ex.PW1/E.
6. Non starter report dated 11.09.2023 as Ex.PW1/F.
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7. Certificate u/s 65B of Indian Evidence Act as Ex.PW1/G.
The testimony of PW1 goes un-rebutted. I have heard the
submissions. The suit is within limitation and plaintiff has proved
that plaintiff is entitled to recovery of the suit amount. Defendant
no. 2 is the director of the defendant no.1 and directors of the
company are not liable for the business debts of the company
unless they have given any personal guarantee under a contract.
Under Section 230 of the Indian Company Act, unless a agent
personally binds himself, an agent is not liable for the contracts
entered by him on behalf of his principal i.e. the company in this
case. The defendant no. 2, therefore, cannot be held liable and
suit is dismissed against him. A decree for a sum of
Rs.50,47,000/- alongwith cost is passed in favour of the plaintiff
and against the defendant nos. 1, 3 and 4. The plaintiff shall also
be entitled to pendentelite and future interest @ 9% per annum
on the principal amount of Rs.49,00,000/- from the date of the
suit till realization.
Copy of this judgment be sent to both the parties by
electronic mode, if available or otherwise.
Decree sheet be prepared accordingly.
File be consigned to Record Room.
(AMIT KUMAR)
District Judge, Comm. Court-01,
North, Rohini Courts, Delhi.
16.01.2025
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