Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 1565/24
M/S SUDHIR TRADERS Vs. M/S SANITARY HOUSE
03.02.2026
Present: Mr. Keshav Jha, Ld. Counsel for the plaintiff.
Ld. Proxy Counsel for the defendant.
Reply to the application under O 12 R 6 CPC filed.
Taken on record. Copy supplied.
Ld. Counsel for the plaintiff states that arguments
may be heard straightaway, to which Ld. Counsel for the
defendant also agrees.
In pith and substance, the plaintiff grievance is with
regards non payment of Rs. 1,62,645/- qua the transactions
undertaken between the parties with regards supply of paper
based decorative laminates. The defendant, vide its WS has
negated such claims by claiming that out of the total liability of
Rs. 2,47,588/-, a sum of Rs. 1,37,835/- already stands paid in
cash to the plaintiff officials, leaving behind Rs. 1,09,763/- only.
Even with regards the same, it is contended that the matter was
settled by making payments of Rs. 50,000/- on 09.03.2024 and
Rs. 59,753/- on 08.05.2024.
With the rival contentions on either side being as
such, the application under O 12 R 6 CPC filed merely on the
basis that the defendant has admitted supply of requisite material
by the plaintiff, cannot be favorably considered as the defendant
version of having made part payment previously and later, settled
the outstanding amount balance by payments made on
09.03.2024 and 08.05.2024, is required to be established by
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leading evidence during trial. Only because cash payments are
stated to be made, for which
per se, no documentary evidence has
been filed by the defendant, cannot be ground enough to decree
the suit straightaway. Defendant is liable to prove its defence
going forward.
In view of the above, application filed under O 12 R
6 CPC is hereby Dismissed.
Parties submit that there are no documents
inter se
the parties for the purpose of admission / denial.
Pleadings are complete. The following issues
emerge from the pleadings:
Issue No. 1: Whether the plaintiff is entitled to a
decree of recovery of Rs. 1,62,645/- together with interest @
18% p.a. from filing of the suit till payment, as prayed for in
prayers (i) & (ii) of the plaint? OPP.
Issue No. 2: Relief.
No other issue is made out or pressed upon.
Parties are directed to file list of witnesses within 15
days from today. Plaintiff is directed to file affidavit in evidence
and supply advance copy of the same to the defendant at least a
week prior to NDOH.
Re-list for PE on 13.05.2026.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
North West/Rohini Courts/Delhi
03.02.2026
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