Final Order 9

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SHRI ANUJ KUMAR SINGH
SCJ-CUM-RC, NORTH -WEST DISTRICT,
ROHINI COURTS, DELHI
Suit No. 488/2024
CNR No. DLNW03-000738-2024
In the matter of :
1. Anil Kansal
S/o Shri Laxmi Narayan Kansal,
R/o Flat No.126, Pocket-2,
Sector-A-10, Narela
Delhi-110040.
2. M/s Kansal Impex,
Plot Mo.97-98, First Floor,
Pocket-18, Sector-24, Rohini,
Delhi-110085
(through its prop. Sh Anil Kansal)
......Plaintiffs
Versus
Sh. Anil Gupta
S/o Not Known
R/o C-23, Saraswati Colony,
Ph-3 (near Laxmi Bai College)
Ashok Vihar, Delhi – 110052
......Defendant
Date of institution : 05.04.2024
Reserved for Judgment : 11.07.2025
Date of decision : 29.07.2025
SUIT FOR RECOVERY
JUDGMENT (EX-PARTE)
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1. This is a suit for recovery of Rs.66,009/- (Rupees Sixty Six
Thousands and nine Only) along with pendentelite and future
interest @ 18% per annum till realization along with cost.
2. The brief facts of the case of the plaintiff as averred in the
plaint are that the plaintiff is running the firm in the name of M/s
Kansal Impex and the defendant used to purchase material from
the plaintiff on short time credit basis and the plaintiff used to
maintain the books of account during the normal course of
business and as per the statement of account of the defendant and
tax invoice an amount of Rs.65,559/- is due against the defendant
as per invoice No.149 dated 12.10.2023. It is stated in the month
of October, 2023, the defendant placed the order to the plaintiff
to supply the material. The plaintiff supplied the material to the
defendant against the order as per tax invoice, thereafter, the
defendant did not pay the due amount and on demand of the
plaintiff, the defendant issued a cheque bearing No.000014 dated
24.01.2024 drawn on HDFC Bank, Delhi-39 for an amount of
Rs.65,559/- in favour of plaintiff No.1. The plaintiff presented
the said cheque with his bankers for encashment, but the said
cheque returned unpaid with remarks “Insufficient amount”. It is
stated that the plaintiff contacted the defendant and the defendant
assured the plaintiff that he will return the withheld amount in
cash or in the form of demand draft within a couple of days. The
plaintiff continued to wait till 12.02.2024 and ultimately the
defendant failed to return the cheque amount and ultimately the
plaintiff issued the legal notice dated 12.02.2024 to the
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defendant, but the defendant did not reply the notice nor
complied with the same. Hence, the present suit.
3. The defendant was served with the summons of the suit via
electronic modes on 31.08.2024, however the defendant failed to
appear despite service, therefore, were proceeded ex-parte vide
order dated 05.12.2024 and the plaintiff was directed to bring ex-
parte evidence.
4. The plaintiff examined himself as PW1 who in his
evidence by way of affidavit Ex.PW-1/A has reiterated and
reaffirmed the averments made in the plaint. He has relied upon
the following documents :
i. Copy of the Aadhar Card and PAN card are Ex.PW1/1
(OSR) and Ex.PW1/2 (OSR).
ii. Original computer generated invoice no.149 dated
12.10.2023 is Ex.PW1/3.
iii. Original cheque no.000014 dated 24.01.2024 is
Ex.PW1/4.
iv. Original cheque return memo dated 25.01.2024 is
Ex.PW1/5.
v. Office copy of legal notice dated 12.02.2024 with postal
receipt pasted on the notice is Ex.PW1/6.
PW1 also tendered his additional evidence by way of
affidavit Ex.PW1/B and relied on certificate u/s 65B of Indian
Evidence Act which is Ex.PW1/X.
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5. I have heard the plaintiff and perused the material available
on record carefully.
6. PW-1 has proved on oath the allegations against the
defendant and the evidence produced by the plaintiff goes on
unchallenged and un-rebutted. Copy of the Aadhar Card and PAN
card Ex.PW1/1 and Ex.PW1/2. Original computer generated
invoice no.149 dated 12.10.2023 Ex.PW1/3 and original cheque
return memo dated 25.01.2024 Ex.PW1/5. Office copy of legal
notice dated 12.02.2024 with postal receipt Ex.PW1/6.
Certificate under Section 65B of the Indian Evidence is
Ex.PW1/X. There is no reason to disbelief the unrebutted
testimony of PW1 and the documents relied upon him. These
documents coupled with testimony of the plaintiff prove the case
of the plaintiff.
7. The original dishonoured cheque no.000014 (Ex.PW1/4) is
dated 24.01.2024 and original cheque return memo (Ex.PW1/5)
is dated 25.01.2024 and the present suit has been instituted on
05.04.2024, hence the present suit is within limitation.
Relief
8. In view of the reasons given above and uncontroverted
evidence brought on record, the suit of the plaintiff is decreed
and followings reliefs are granted in his favour and against the
defendant:-
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i. Decree for a sum of Rs.66,009/- (Rupees Sixty Six
Thousands and Nine Only).
ii. Seeing the prevalent market condition, pendente lite and
future interest at the rate of Rs.8% per annum is also awarded in
favour of the plaintiff from the date of filing of the suit i.e.
05.04.2024 till the realization of the amount.
iii. Cost of the suit
9. Decree sheet be prepared accordingly. File be consigned to
Record Room after due compliance.
Announced in the Open Court
on 29.07.2025
(Anuj Kumar Singh)
Senior Civil Judge-cum-Rent Controller,
North West District : Rohini Courts : Delhi
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