Final Order 13

Order Details: COPY OF JUDGMENT
Pdf Text: CS (Comm) 89/2024 Ashok Dyestuffs Pvt. Ltd. Vs. New Look Leather
IN THE COURT OF VINOD YADAV:
DISTRICT JUDGE (COMMERCIAL COURT)-02:
NORTH-WEST DISTRICT: ROHINI COURTS: NEW DELHI
CNR No.DLNW010016192024
Civil Suit (Comm.) 89/2024
In the matter of:
M/s. Ashok Dyestuffs Pvt. Ltd.,
(Through its Dir. Sh. Shobhit Setia),
Situated at A-25, Mangolpuri Indl. Area,
Phase-II, New Delhi-110034.
.....Plaintiff
(Through Sh. Sagar Dawar, Advocate)
Versus
1. M/s. New Look Leathers,
Through its Prop./Partner
Sh. Rakesh Pahuja,
2. Sh. Rakesh Pahuja, Prop./Partner of
M/s. New Look Leathers,
Plot No.2445, MIE Part-A, Bahadurgarh,
Distt. Jhajjar, Haryana-124507.
Also at: WZ-9, Hari Singh Park, Ist Floor,
Opp. Pillar No.215 of Paschim Vihar East
Metro Station, New Delhi-110056.
.....Defendants
(Defendants already ex parte vide order dt. 17.12.2024)
Date of Institution of Suit : 19.02.2024
Date of hearing final arguments : 12.02.2026
Date of judgment : 18.02.2026
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CS (Comm) 89/2024 Ashok Dyestuffs Pvt. Ltd. Vs. New Look Leather
Suit for recovery of Rs.22,54,750.50 (Rupees twenty two lacs fifty four
thousand seven hundred fifty and Paise fifty only)
EX-PARTE JUDGMENT:
1. This is a suit for recovery filed on behalf of plaintiff against the
defendants, thereby seeking a decree in the sum of Rs.22,54,750.50
(Rupees twenty two lacs fifty four thousand seven hundred fifty and Paise
fifty only).
2. The facts of the case in brief, as borne out from the record are that
plaintiff is a Private Limited Company duly incorporated under the
Companies Act, 1956 which is engaged in the business of selling dyes and
chemicals. Defendant No.1 is stated to be a firm of which defendant No.2
is the proprietor or partner. The defendants are stated to be having business
relations with the plaintiff for long being regular customers of the plaintiff.
It has been averred by plaintiff that defendants used to place orders upon it
and it used to supply the requisite goods to the defendants against invoices.
It is further stated that despite repeated requests/reminders, the defendants
failed to pay an amount of Rs.22,54,750.50 including interest @ 18%. It is
further stated that defendants made part-payments of Rs.10,000/- on
09.04.2022 and further amount of Rs.10,000/- on 11.06.2022. Thereafter,
plaintiff sent legal notice to the defendant in the year 2020 demanding the
aforesaid amount but to no avail. Thereafter, plaintiff also sent another
legal notice dated 19.11.2022 to the defendants demanding the aforesaid
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CS (Comm) 89/2024 Ashok Dyestuffs Pvt. Ltd. Vs. New Look Leather
outstanding amount but the defendants did not pay any heed to it.
3. It is further stated that plaintiff adopted pre-institution mediation,
however, the defendants did not participate in the same. Accordingly, Non-
Starter Report dated 10.04.2023 was issued in the matter by the DLSA,
North West, Delhi.
4. Accordingly, the plaintiff has filed the instant suit, thereby invoking
the provisions of Section 2(1)(c) of the Commercial Courts Act, 2015.
5. After filing of the suit, summons for settlement of issues were issued
against the defendants vide order dated 19.02.2024. The defendants were
served through publication and despite repeated calls, none appeared on
behalf of the defendants. Accordingly, defendants were proceeded “ex-
parte” vide order dated 17.12.2024 and the matter was notified for ex-
parte PE.
6. The plaintiff during the course of ex-parte evidence examined
Sh.Shobhit Setia as PW1 in the matter. PW1 in his evidence by way of
affidavit Ex.PW-1/X has reiterated the averments made in the plaint and
relied upon the following documents :-
Sl.
No.
Document(s) Ex.
1. Certificate of incorporation of plaintiff Ex.PW1/A
2. Board Resolution dt. 11.11.2022 Ex.PW1/B
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CS (Comm) 89/2024 Ashok Dyestuffs Pvt. Ltd. Vs. New Look Leather
3. Master Data of plaintiff Ex.PW1/C
4. Copy of Aadhar Card of PW1 Ex.PW1/D (OSR)
5. Downloaded copy of GST details of defendant Ex.PW1/E
6. Copies of invoices Ex.PW1/F colly.
7. Copy of Statement of A/c along with Certificate
u/s 65B of IE Act
Ex.PW1/G &
Ex.PW1/H
8. Details of interest Ex.PW1/H1
9. Copy of legal notice Ex.PW1/I
10. Original postal receipts Ex.PW1/J1 to J4
11. Four returned envelopes Ex.PW1/K1 to
K4
12. Non-Starter Report dt. 10.04.2023 Ex.PW1/L
13. Suit of the plaintiff Ex.PW1/M
7. Plaintiff further examined PW1 Sh. Shobhit Setia on 01.09.2025
when he filed another Certificate u/s 65B IE Act which is Ex.PW1/N.
Thereafter, ex parte PE in the matter was closed on 01.09.2025.
8. I have heard Sh. Sagar Dawar, learned Counsel for the plaintiff and
perused the entire material on record.
9. From the perusal of record, it is clearly evident that defendants had
approached the plaintiff for business purpose. The execution of
necessary/requisite documents between the parties in this regard has been
duly proved on record by plaintiff.
10. The defendants being ex-parte, the testimony of the plaintiff's
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CS (Comm) 89/2024 Ashok Dyestuffs Pvt. Ltd. Vs. New Look Leather
witness(s) has remained unchallenged and unrebutted. There is nothing on
record to disbelieve the unrebutted testimony of the plaintiff's witness or to
doubt the authenticity and veracity of the documents exhibited and proved
on record.
11. From the unrebutted testimony of PW1 in the matter and the
documents proved by them on record, I am satisfied that the plaintiff has
been able to make out a good case for passing of decree in its favour. As
regards the quantum of interest, the transaction between the parties being
commercial in nature, I am of the considered opinion that interest @ 12%
per annum would meet the ends of justice.
12. (i) In view of the above, a decree in the sum of Rs.22,54,750/-
(Rupees twenty two lacs fifty four thousand seven hundred fifty only)
along with interest @ 12% per annum from 30.04.2023 till recovery is
passed in favour of plaintiff and against the defendants.
(ii) Plaintiff is entitled to costs of the suit. Plaintiff is also entitled
to counsel’s fee which is quantified as Rs.22,000/-.
13. Decree Sheet be drawn accordingly, subject to payment of requisite
court fees, if any.
14. File be consigned to Record Room after completion of necessary
formalities.
Dictated & Announced in the
open Court on 18.02.2026
(Vinod Yadav)
open Court on 01.11.2025
District Judge (Commercial Court)-02
North-West/Rohini Courts
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