Order 5

Order Details: COPY OF ORDER
Pdf Text: 7 CS (COMM.) 171/24
Mukul Gupta Marketing Pvt Ltd Vs. Ranchit Malhotra
18.09.2024
Present: Ms. Monika Goel, Ld. Counsel for plaintiff.
Sh. Rajan Malhotra, Ld. Counsel for defendant.
Ld. Counsel for plaintiff has drawn my attention to para 8 of
the preliminary objections in the WS whereby defendant has admitted an
amount of Rs.1,23,686/- to be payable to the plaintiff.
The partial decree in the matter is accordingly passed u/o 12,
Rule 6 CPC directing the defendant to pay a sum of Rs.1,23,686/- (Rupees
one lacs twenty three thousand six hundred eighty six only) from the date of
filing of suit till recovery of this amount along with interest @ 12% per
annum. Decree Sheet be drawn accordingly, subject to payment of requisite
court fees.
At this stage, Ld. Counsel for plaintiff has drawn my attention
to the invoices filed in the matter where there is contractual rate of interest
@ 24% p.a. on the delayed payments has been mentioned.
I have heard Ld. Counsel for plaintff but in my considered
opinion, the interest @ 12% p.a. would meet the end of justice.
Today, the matter is listed for framing of issues/case
management hearing.
At this stage, an application u/o 13A CPC has been filed by
the plaintiff. Copy supplied. Let reply, if any, to this application be filed
within four weeks from today.
List for reply/arguments/further proceedings on 12.11.2024.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/18.09.2024
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