Final Order 12

Order Details: COPY OF JUDGMENT
Pdf Text: CS (Comm) No.171/2024: Mukul Gupta Marketing Pvt. Ltd. V/s Rachit Malhotra, Through
Proprietorship Firm M/s R.N Print Pack: DOD: 03.02.2026
IN THE COURT OF VINOD YADAV:
DISTRICT JUDGE (COMMERCIAL COURT)-02:
NORTH-WEST DISTRICT: ROHINI COURTS: NEW DELHI
CNR No.DLNW01-002551-2024
Civil Suit (Comm.) No.171/2024
In the matter of:
M/s Mukul Gupta Marketing Pvt. Ltd.,
Having Its Registered Office At:
Unit No.204-205, S/F PP Trade Centre, Plot No.P-1,
Netaji Subhash Palace, Pitampura, Delhi-110034.
Through Its Authorized Representative Mr.Sarvesh Sharma,
E.Mail: sales@mgmindia.in
…..Plaintiff
(Through Ms.Monica Goel, Advocate)
Versus
Shri Rachit Malhtora,
Through Its Proprietorship Firm M/s R.N Print Pack,
Basement, B-19, GTK Road, G.T Karnal Road Industrial Area,
East Delhi-110033.
E.Mail ID: info@vrprintpack.com
GSTIN/UIN: 07CUDPM4990G1ZC
…..Defendant
(Through Shri Rishabh Saxena, Advocate)
Date of Institution of Suit : 18.03.2024
Date of hearing final arguments : 17.01.2026
Date of judgment : 03.02.2026
COMMERCIAL SUIT FILED UNDER SECTION 2(1)(c) OF COMMERCIAL
COURTS ACT, 2015 r/w ORDER XXXVII CPC OF CODE OF CIVIL
PROCEDURE, 1908 FOR RECOVERY OF Rs.12,00,230/- (Rupees Twelve
Lakhs Two Hundred Thirty Only) WITH PENDENTELITE AND FUTURE
INTEREST @24% PER ANNUM BEING THE CONTRACTUAL RATE OF
INTEREST TILL FULL AND FINAL PAYMENT AGAINST THE
DEFENDANT FOR NON-PAYMENT OF THE OUTSTANDING AMOUNT IN
LIEU OF THE RAW MATERIAL SUPPLIED TO THEM BY THE PLAINTIFF.
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03.02.2026
J U D G M E N T
Plaintiff’s case:
1. The plaintiff is a private limited company incorporated under
the Companies Act, 2013 and engaged in the business of trading of papers
and boards.
2. Defendant is stated to be the proprietor of M/s R.N Print Pack
and engaged in the supply/manufacture of cartons, boxes, case bags and
other packing containers of paper, paperboard etc.
3. It is the case of plaintiff that defendant approached it and
expressed his willingness to purchase raw material/paper and board on
credit basis. After mutual discussions between the parties, during the
commercial relationship, defendant placed various Purchase Orders upon
the plaintiff and in turn the plaintiff supplied goods (paper and board) to
the defendant on various dates on credit basis and from time to time
payments in respect thereof were received from the defendant.
4. It is stated that during the course of business, plaintiff used to
supply the material/goods to the defendant as per the Purchase Orders on
credit basis, however, the defendant started delaying the payments and
finally stopped making payment of outstanding amount. The invoices were
duly issued in this regard to the defendant and a running account was being
maintained, which showed that as on 10.02.2024, a sum of Rs.12,00,230/-
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(Rupees Twelve Lakhs Two Hundred Thirty Only) being outstanding
against the defendant.
5. The plaintiff made several requests to the defendant for
making payment of the outstanding amount, but to no avail. Thereafter,
the plaintiff approached the North-West District Legal Services Authority
for pre-institution mediation in terms of Section 12-A of Commercial
Courts Act, 2015. Despite service of pre-institution mediation notice,
defendant refused to participate in pre-institution mediation and as such,
Certificate of Non-Starter Report dated 13.10.2023 was issued by North-
West District Legal Services Authority in the matter.
6. As such, the plaintiff filed the present suit
inter alia praying
for a decree in the sum of Rs.12,00,230/- (Rupees Twelve Lakhs Two
Hundred Thirty Only) alongwith pendentelite and future interest @ 24%
per annum against the defendant.
Defendant’s case:
7. (i) After getting served with the summons, defendant filed
written statement,
inter alia taking preliminary objection(s) to the effect
that plaintiff had not approached the Court with clean hands and present
suit being without any cause of action is liable to be dismissed.
(ii) On merits, the defendant did not dispute the receipt of
material/goods, quality and quantity thereof, however, it was pleaded that
only a sum of Rs.1,23,686/- (Rupees One Lakh Twenty Three Thousand
Six Hundred Eighty Six Only) was due and payable to the plaintiff.
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Proprietorship Firm M/s R.N Print Pack: DOD: 03.02.2026
8. Consequent upon the aforesaid admission of defendant, vide
order dated 18.09.2024, partial decree under Order XII Rule 6 CPC for a
sum of Rs.1,23,686/- (Rupees One Lakh Twenty Three Thousand Six
Hundred Eighty Six Only) alongwith interest @12% per annum was
passed in favour of plaintiff and against the defendant.
Issues:
9. Thereafter, on the pleadings of the parties, vide order dated
15.05.2025, following issues were settled for trial in the matter:
Issues:
(i) Whether the plaintiff is entitled to decree of the suit
amount, as prayed for? OPP.
(ii) If answer to aforesaid issue is in affirmative, whether
the plaintiff is entitled to interest thereupon. If so, at
what rate and for what period? OPP.
(iii) Relief.
10. Pursuant to framing of issues in the matter, vide order dated
15.05.2025 itself, Shri Ankit, Advocate, was appointed as “Local
Commissioner” to record evidence in the matter.
Plaintiff’s evidence:
11. (a) In order to discharge the onus of proving issues put upon it,
plaintiff company examined its Authorized Representative (A.R) namely
Holder namely Shri Kaushal Kumar as PW-1 in the matter, who in his
evidence by way of Affidavit Ex.PW1/Y has reiterated the averments made
in the plaint and proved on record the following documents:
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Proprietorship Firm M/s R.N Print Pack: DOD: 03.02.2026
(i) Master Data of plaintiff company, taken out from the website
of Ministry of Corporate Affairs, Government of India as Ex.PW1/1;
(ii) Copy of details containing GSTIN/UIN of defendant firm as
Ex.PW1/2;
(iii) Board Resolution, dated 24.02.2025, executed by plaintiff
company in favour of PW-1 as Ex.PW1/3;
(iv) Invoice No.MGM/5937/21-22, dated 09.01.2021, for a sum of
Rs.1,72,843/- (in respect of which defendant made partial payment,
thereby leaving balance of Rs.14,104/-) alongwith corresponding
E.Way Bill as Ex.PW1/4 (Colly);
(v) Invoice No.MGM/6036/21-22, dated 12.10.2021, for a sum of
Rs.2,36,775/- alongwith corresponding E.Way Bill as Ex.PW1/5
(Colly);
(vi) Invoice No.MGM/6095/21-22, dated 13.10.2021, for a sum of
Rs.1,17,356/- alongwith corresponding E.Way Bill as Ex.PW1/6
(Colly);
(vii) Invoice No.MGM/6155/21-22, dated 16.10.2021, for a sum of
Rs.71,622/- alongwith corresponding E.Way Bill as Ex.PW1/7
(Colly);
(viii) Invoice No.MGM/6260/21-22, dated 19.10.2021, for a sum of
Rs.83,829/- alongwith corresponding E.Way Bill as Ex.PW1/8
(Colly);
(ix) Copies of Ledger Account maintained by the plaintiff
company in respect of the transactions done with the defendant for
the period w.e.f 01.04.2021 to 31.03.2022 and 01.04.2022 to
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14.02.2024, whereby a sum of Rs.12,00,230/- is shown as
pending/outstanding amount as on 10.02.2024 as Ex.PW1/9 (Colly);
(x) Certificate of Non-Starter Report dated 13.10.2023, issued
under the signatures of Secretary, DLSA, North-West as Ex.PW1/10;
(b) PW-1/Shri Kaushal Kumar was thoroughly cross-examined by
learned counsel for the defendant.
Defendant’s evidence:
12. (a) On the other hand, defendant/Shri Rachit Malhotra examined
himself as DW-1 in the matter, who in his evidence by way of Affidavit
X-1 has reiterated the averments made in the written statement and proved
on record the following documents:
(i) Copies of proof regarding various payment(s) made by him to
plaintiff as Ex.DW1/1;
(ii) Copies of screenshots of WhatsApp chats between the parties
as Ex.DW1/2(Colly);
(iii) Billwise Statement of Account, maintained by the defendant
in respect of the business transactions done with the plaintiff as
Ex.DW1/3; and
(iv) Certificate under Section 63(4) of Bharatiya Sakshya
Adhiniyam, 2023, issued under the signatures of PW-1 regarding
correctness of electronic record as Ex.DW1/4.
(b) DW-1/Shri Rachit Malhotra was thoroughly cross-examined
by learned counsel for the plaintiff.
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13. This is all as far as evidence recorded in the matter is
concerned.
14. I have heard arguments advanced at Bar by Ms.Monica Goel,
Advocate, learned counsel for the plaintiff and Shri Rishabh Saxena,
Advocate, learned counsel for the defendant and gone through the entire
material on record. My issue wise findings in the matter are as under.
Findings:
15. Issue No.(i):
Whether the plaintiff is entitled to decree of the suit amount,
as prayed for? OPP.
The onus to prove this issue was upon the plaintiff. The relevant
part of the cross-examination of PW-1/Shri Kaushal Kumar in this regard
is re-produced hereunder:
__________________________________________
xxxxx
19.07.2025
PW-1: Shri Kaushal Kumar.
XXXXX By Shri Rishabh Saxena, Ld. Counsel for
the defendant.
On S.A
……….
Q16: How are you calculating the alleged
outstanding amount? Can you please explain in
detail?
Ans: I am calculating the alleged outstanding
amount on the basis of invoices/bills only.
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Proprietorship Firm M/s R.N Print Pack: DOD: 03.02.2026
Q17: I will put it to you that the defendant made
payment of earlier invoices in time. Yes or No.
Ans: Yes, I have received the entire Invoice of year
2023-24 amount on time.
Q18: I will put it to you can you please confirm
your company’s beneficiary account Number?
Ans: Witness is shown Annexure-D on page 40 of
the written statement filed by the defendant. I
accept the details of beneficiary account number
025051000002 and beneficiary name.
Q19: I will put it to you that can you please confirm
how much payment was due and received by the
defendant towards the plaintiff’s company?
Ans: I do not remember the payment which needs
to be paid by the defendant towards plaintiff
company.
Voltd. The witness do not remember the claim
amount which needs to be paid by the defendant
towards the plaintiff company.
Q20: From where the alleged goods were stored and
dispatched?
Ans: I say that the alleged goods were stored and
dispatched from godown Khera Kalan Alipur, North
District Delhi.
Q21: How much total amount is to be paid by the
defendant?
Ans: Around 2 Lakhs Only.
Q22: How many invoices were raised by the
plaintiff company towards the defendant?
Ans: I do not remember the same.
xxxxx
__________________________________________
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__________________________________________
xxxxx
Q27: I will put it to you that is it true that on
13.06.2023 from mobile bearing number
8507777735, the WhatsApp message was sent by
your company to the defendant for demand of the
outstanding principal amount of Rs.1,23,686/-? Do
you confirm the same?
Ans. Yes, I confirm the above said number and the
same was sent to the defendant by the plaintiff’s
company.
Q28: I will put it to you that any cash payment is
accepted by your company from their customers?
Ans: I deny the same.
Q29: How much amount you have received and
from what mode from the defendant?
Ans: I do not remember how much payment has
been received by the plaintiff till date. I confirm
that approximately Rs.2.00 lakhs were pending to be
paid by the defendant as per date/today.
Q30: Do you provide any material or goods without
advance payment or on any credit basis?
Ans: Yes.
Q31: Have you ever raised any Debit Note of
Rs.47,946/ and Rs.3,08,653/- towards the
defendant?
Ans: I do not remember.
xxxxx
__________________________________________
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__________________________________________
xxxxx
Q35: How do you maintain your ledger
statement/account. Can you please explain?
Ans: I do not remember.
xxxxx
_________________________________________
16. If the evidence of PW-1 is analyzed meticulously, then it
would be evident that as on the date of filing of suit, only a sum of
Rs.2,00,000/- (Rupees Two Lakhs Only) was due and payable against the
defendant.
17. (i) Therefore, on the basis of evidence of PW-1, plaintiff is held
entitled to a decree in the sum of Rs.2,00,000/- (Rupees Two Lakhs Only),
as on the date of filing of suit, out of which decree under Order XII Rule 6
CPC for a sum of Rs.1,23,686/- had already been passed by this Court vide
order dated 18.09.2024.
(ii) The learned counsel for the plaintiff has stated on instructions
that amount of Rs.1,23,686/- (Rupees One Lakh Twenty Three Thousand
Six Hundred Eighty Six Only) has been received by the plaintiff from the
defendant, but interest thereupon has not been received.
18. In view of the above discussion, issue No.(i) is accordingly
decided in favour of plaintiff and against the defendant.
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19. Issue No.(ii):
If answer to aforesaid issue is in affirmative, whether the
plaintiff is entitled to interest thereupon. If so, at what rate
and for what period? OPP.
As regards the quantum of interest, learned counsel for the
plaintiff has argued that the Invoices Ex.PW1/4 (Colly) to Ex.PW1/8
(Colly) carry a stipulation regarding levying of interest @24% per annum
in case of delayed payment. She has accordingly prayed for grant of
interest @24% per annum on the outstanding amount. Though, the
transactions between the parties is commercial in nature, however, I am of
the considered opinion that grant of interest @24% per annum is on higher
side and instead grant of interest @12% per annum would meet the ends of
justice. I order accordingly.
Relief
20. In view of the above, suit of the plaintiff is decreed as under:
(i) A decree in the sum of Rs.2,00,000/- (Rupees Two Lakhs
Only) alongwith interest @12% per annum w.e.f the date of filing of suit
till realization thereof, subject to the adjustment of amount already
received by the plaintiff, pursuant to decree dated 18.09.2024, is hereby
passed in favour of plaintiff and against the defendant.
(ii) Plaintiff is also held entitled to counsel’s fee which is
quantified as Rs.22,000/- as also costs.
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21. Decree Sheet be drawn accordingly.
22. File be consigned to Record Room after completion of
necessary formalities.
Dictated & Announced in the (Vinod Yadav)
open Court on 03.02.2026 District Judge (Commercial Court)-02
North-West/Rohini Court
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