Final Order 8

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. 744/2023
CNR No. DLNT01-014025-2023
REXAN APPLIANCES PRIVATE LIMITED
(THROUGH ITS DIRECTOR AND AR)
MR. DINESH KAPOOR
AT: GROUND FLOOR, PLOT NO.56,
KHASRA NO.27/1, NEAR HEALTH CARE CENTRE,
VILLAGE BADLI, NORTH-WEST DELHI,
NEW DELHI, DELHI-110042.
PH. NO.: 98102-76322.
…..PLAINTIFF
VS
BIKANER ELECTRONICS
(THROUGH ITS PROPRIETOR)
MR. PANKAJ KOCHAR
AT- NEAR CHOPRA SCHOOL, NAIN ROAD,
GANGASHAHAR, NEW LINE GANGASHAHAR,
BIKANER, RAJASTHAN-334001.
PH. NO.: 77370-07107.
….DEFENDANT
Date of institution of case : 18.12.2023
Date of arguments : 17.03.2025
Date of pronouncement of judgment : 17.03.2025
J U D G M E N T :
Present is a suit seeking recovery of Rs.29,07,964/-
alongwith pendentelite and future interest @ 24% per annum.
The brief facts necessary for the disposal of the suit as averred in
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the plaint are that the plaintiff is a private limited company and is
engaged in the business of retail sale, manufacturing and
wholesaler of air or vacuum pumps, ventilating or recycling
hoods, electric storage water heaters (hereinafter referred to as
goods). It is claimed that the defendant is a proprietor of M/s
Bikaner Electronics and approached the plaintiff for supply of
goods and the goods were supplied by the plaintiff from time to
time which were duly received by the defendant through invoices
raised upon the defendant and as per the ledger account, there is a
total outstanding amount of Rs.13,98,056/-. The suit has been
filed seeking recovery of this principal amount and interest of
Rs.15,09,908/- @ 24% per annum from 12.04.2019 till
12.10.2023. The plaintiff issued a legal notice dated 12.06.2023
calling upon the defendant to make the said outstanding amount,
but of no avail, hence, the present suit.
Summons of the suit were delivered upon the defendant
through e-mode on Whatsapp No. 7737007107 on 11.04.2024
but thereafter neither anybody appeared nor WS was filed on
behalf of the defendant and defence of the defendant was struck
off vide order dated 12.07.2024 and on the same date, the
following notional issues were framed:
(1) Whether the plaintiff is entitled to decree in the sum of
Rs.13,98,056/- as prayed for? .... OPP
(2) Whether the plaintiff is entitled to any interest and if
so, at what rate, at what amount and for what
period? …. OPP
(3) Relief.
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Plaintiff to prove its case examined its Director/AR as
PW1 and he proved on record the following documents:
1. The computer-generated GST Registration
certificate of the plaintiff as Ex.PW1/1 (Colly.).
2. Original board resolution as Ex.PW1/2.
3. Copy of incorporation certificate alongwith authority
letter of Mr. Dinesh Kapoor as Ex.PW1/3 (Colly.).
4. Copy of webpage of goods and services tax website
depicting the status of GST registration firm as Ex.PW1/4
(Colly.).
5. Copy of the statement of accounts as Ex.PW1/5
(Colly.).
6. Copy of sales invoices alongwith supporting
documents as Ex.PW1/6 (Colly.).
7. Copy of legal notice dated 12.06.2023 as Ex.PW1/7.
8. Copy of tracking reports and receipts as Ex.PW1/8
(Colly.).
9. The screenshots of services on Whatsapp number of
the defendant as Ex.PW1/9.
10. The returned legal notices as Ex.PW1/10 (Colly.).
Plaintiff has also examined its another Director/AR as
PW-2 who has proved the copy of sales invoices alongwith
supporting documents which are already Ex.PW1/6 (Colly.) (De-
Ex.PW2/6).
The testimony of PW1 and PW2 go unrebutted. I have
heard the submissions. The suit is within limitation and plaintiff
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has proved that plaintiff is entitled to recovery of the suit amount.
In facts, the suit is decreed with cost and interest. A decree for a
sum of Rs.13,98,056/- alongwith cost and interest @ 9% per
annum from the date of last invoice dated 12.04.2019 till
realization is passed in favour of the plaintiff and against the
defendant as the interest claimed @ 24% per annum appears to
be unreasonable and on much higher side.
Copy of the judgment be sent to both the parties by
electronic mode, if available or otherwise.
Decree sheet be prepared.
File be consigned to Record Room.
(AMIT KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
17.03.2025
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