Final Order 9

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF MOHD FARRUKH: DISTRICT JUDGE
(COMMERCIAL COURT)-02, NORTH DISTRICT
ROHINI COURTS, DELHI
CS (Comm) No.6967/2024
CNR No. DLNT010185172024
In the matter of:
M/s Rajdhani Pvt. Ltd.
Erstwhile M/s Rajdhani Trading Company
Through its Director Aman Goel
At: Plot No. G-37, Ground Floor,
DSIIDC, Sector-5, Village Bawana,
North-Delhi-110039. ….Plaintiff
Versus
1. M/s Romesh Power Products Pvt. Ltd.
Through its Director Radha Mohan Bumb
At: 203, Tikkar Mal Street, Kishanpor Bazar,
Jaipur, Rajasthan-302001.
2. M/s South Bihar Power Distribution Company Ltd
Through its Chief Engineer, Project-I (Rural)
Jai Shankar Sahani
At: Vidyut Bhawan, Bailey Road,
Patna-8000021. ….Defendants
Date of Institution : 18.12.2024
Date of reserving order : 16.10.2026
Date of pronouncement of order : 16.10.2026
JUDGMENT (Ex parte)
1. This is a suit is instituted by plaintiff M/s Rajdhani
Pvt. Ltd. against the defendants M/s Romesh Power Products
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Pvt. Ltd. and M/s South Bihar Power Distribution Company Ltd
for recovery of Rs. 36,36,695/- with pendent-lite and future
interest and costs.
2. Facts, as per the plaintiff’s version are that the
Plaintiff, M/s Rajdhani Private Limited, formerly operating as
M/s Rajdhani Trading Company, is engaged in the manufacture,
distribution and supply of electrical materials. It is pleaded that
Defendant No. 2, a Public Sector Undertaking under the
Government of Bihar engaged in distribution of electricity, had
engaged Defendant No. 1 as a contractor for revamping,
redevelopment and establishment of electricity infrastructure
under the DDUGJY Scheme. Defendant No. 1 introduced the
Plaintiff to Defendant No. 2 as a supplier/manufacturer of the
requisite materials. Pursuant thereto, Defendant No. 2 directed
the Plaintiff to supply the materials to Defendant No. 1 and
issued Approval Letters bearing Nos. 5476 and 5477 dated
29.11.2014. Defendant No. 2 further represented that although
the invoices were to be raised in the name of Defendant No. 1, it
would be liable to release the payments in the event of default.
Thereafter, purchase orders were issued on 30.05.2017, followed
by inspection of the materials on 13.06.2017, which were found
satisfactory, and Defendant No. 2 issued dispatch instructions
dated 18.06.2017 for receipt of the materials supplied by the
Plaintiff. The Plaintiff raised invoices aggregating to
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Rs.63,87,080/- against the supplies and also claimed interest of
Rs.10,49,674/- on account of delayed payments. Against the said
invoices, a sum of Rs.38,00,059/- was received, leaving an
alleged outstanding amount of Rs.36,36,695/-. It is further
pleaded that out of the payments released, Defendant No. 2 had
paid a sum of Rs.24,00,000/-. The Plaintiff maintained a running
account in respect of the supplies, with the parties who agreed
that payments would be made in lump sum against the
outstanding dues reflected therein.
3. It is further stated in the plaint that as per section 2
(1)(c) of the Commercial Courts Act, 2015, the subject matter of
the present suit is a commercial dispute, therefore, before
institution of the suit, the plaintiff approached the North District
Legal Services Authority for pre-litigation mediation against the
defendant, but defendant failed to appear before the said
authority for settlement of the issues leading upto the institution
of the suit for recovery of Rs.36,36,695/-.
4. Despite service of summons through an ordinary
post on 25.03.2025 neither the defendant no.2 entered the
appearance nor filed the WS within the statutory period.
Therefeore, right of the defendant no.2 to file the WS was closed
and it was proceeded ex-parte on 07.08.2025 and Defendant no.1
also served on 05.07.2025 but failed to filed WS within statutory
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period therefore, right of the defendant no.1 also closed and it
was proceeded ex-parte on 20.11.2025.
5. To prove the case, the plaintiff examined Aman
Goel, Director of the plaintiff as PW1, reiterating the contents of
plaint in his affidavit of evidence Ex.PW1/A. During his
examination-in-chief, PW1 has also tendered in evidence the
following documents:-
a. GST Registration Ex.PW1/1(Colly).
b. Board Resolution Ex.PW1/2.
c. Inspection Report Ex.PW1/3(Colly).
d. Dispatch Instruction Report Ex.PW1/4.
e. Ledger Ex.PW1/5.
f. Invoices along with transport receipt, challan,
guarantee certificate and packaging list
Ex.PW1/6 to Ex.PW1/12(Colly).
g. Non-starter report Ex.PW1/13.
h. Certificate u/s 63 BSA Ex.PW1/14.
i. Order dt. 21.12.2021 wherein defendant no.1
underwent CIRP Mark A(Colly) and Copy of
withdrawal order dt. 31.03.2023 Mark B(Colly)
6. Having drawn the attention of the Court on the
testimony of PW1 and documents Ex. PW1/6 to Ex.PW1/12, it is
submitted by counsel for the plaintiff that the plaintiff supplied
electrical materials to the defendant against the raised bills and
E-way bills. Ld. Counsel submitted that defendant failed to clear
the outstanding amount.
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7. I have given my thoughtful consideration to the
submissions made on behalf of the plaintiff as well as evidence
adduced by the plaintiff.
8. From the testimony of PW1, the invoices Ex.PW1/6
to Ex.PW1/12 stood duly proved. The said invoices are
mentioned in a tabular form as under:
S.No Invoice No. Invoice Date Amount (In Rs.)
1. 169 29.06.2017 12,50,000/-
2. 170 29.06.2017 11,00,000/-
3. 168 29.06.2017 12,50,000/-
4. 04 29.07.2017 6,06,487/-
5. 12 16.08.2017 68,393/-
6. 141 11.08.2018 14,75,000/-
7. 150 19.01.2018 6,37,200/-
The delivery of the electrical materials mentioned in invoices to
the defendant stands duly proved from the transport receipts,
challan, guarantee certificate.Testimony of PW1 further shows
that vide document Ex.PW1/5 i.e. Ledger maintained by the
plaintiff for the period 01.04.2018 to 23.12.2020, an amount of
Rs. 36,36,695.40/-/- was due and outstanding against the
defendants. Further, the invoices raised by the Plaintiff stipulated
interest @ 18% per annum. The certificate under Section 63 of
the Bhartiya Sakshya Adhiniyam, 2023 duly validates the
electronic ledger account, rendering it admissible in evidence.
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The said ledger, maintained in the ordinary course of business,
carries a presumption of correctness and remained unrebutted.
9. From the unrebutted evidence led by the plaintiff, it
has been proved that plaintiff supplied electrical materials to the
defendant by invoices and the said goods were delivered at the
defendant’s place. Therefore, the defendant is liable to pay
outstanding amount of Rs. 36,36,695/- to the plaintiff along with
the contractual rate of interest stipulated in the invoices is 18%
per annum. Accordingly, the plaintiff is held entitled to pendente
lite and future interest at the rate of 18% per annum only on the
sum of Rs. 36,36,695/- from filing of the present suit till the date
along with future pendalite interest till its realization.
10. In view of the above discussion, the present suit is
decreed with costs in terms that the plaintiff is found entitled to
recover Rs. 36,36,695/- from the defendant along with pendent-
lite and future interest per annum @18% from the date of
institution of suit till realization of said amount.
11. Decree Sheet be prepared accordingly and file be
consigned to the Record Room after necessary compliance.
Announced in the open Court
on the 16th day of October, 2026
(Mohd. Farrukh)
District Judge Commercial Court--02
North District, Rohini Courts, Delhi.
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LIST OF WITNESS
S.NO Name of Witness Whether witness of plaintiff
or defendant
1. Nitin Jain Plaintiff’s Witness
LIST OF DOCUMENTS
S.NO. Exhibit/Mark Date of Exhibit Description of Exhibit
1. Ex.PW1/1 08.10.2026 GST Registration
2. Ex.PW1/2 08.10.2026 Board Resolution
3. Ex.PW1/3
(Colly)
08.10.2026 Inspection Report
4. Ex.PW1/4 08.10.2026 Dispatch Instruction Notice
5. Ex.PW1/5 08.10.2026 Ledger
6. Ex.PW1/6 to
Ex.PW1/12
(OSR)
08.10.2026 Invoices along with transport
receipts, challan, guarantee
certificate and packing list
7. Ex.PW1/13 08.10.2026 Non-starter report
8. Ex.PW1/14 08.10.2026 Certificate u/s 63 BSA
9. Mark A (Colly) 08.10.2026 Order dt. 21.12.2021 wherein
defendantno.1 underwent
CIRP
10. Mark B(Colly) 08.10.2026 Copy of withdrawal order dt.
31.03.2023 Mark B
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