Delhi District Court
Scj Plastics Ltd vs M/S K.C. IndustriesUnitIi on 16 November, 2018
IN THE COURT OF SH. VIKRANT VAID:
ACJ/CCJ/ARC(SE),
SAKET COURTS, NEW DELHI
New CS No.131/18
SCJ Plastics Ltd.
having its office at F3/1011,
Okhla Industrial Area, PhaseI,
New Delhi110020. .......Plaintiff
Versus
M/s K.C. IndustriesUnitII
Treth Morth
Bari Brahmana
Samba181 133 (J&K) ...... Defendant
Date of Institution : 29.01.2018
Date of judgment : 16.11.2018
SUIT FOR RECOVERY OF RS.1,39,990/
J U D G M E N T:
1.This is a suit filed under Order XXXVII of CPC. It is plaintiff's case that he is a limited company duly registered with ROC Delhi and deals in Master Batches and compounds and the defendant is a partnership firm. It is averred that vide invoice no. 2175 dated 30.12.2016, the defendant had purchased master batches worth Rs. 1,14,750/ on credit of 30 days from the plaintiff. However, he failed to make payment of the same and therefore, plaintiff was constrained to issue a legal notice dated CS No.131/18 SCJ Plastics Ltd. Vs. M/s K.C. Industries Page 1 of 3 06.11.2017 asking the defendant to pay the outstanding amount of Rs. 1,39,990/ (including interest of Rs. 25,240/). However, defendant failed to comply with it. Hence, the present suit was filed under Order XXXVII CPC for recovery of Rs.1,39,990/ along with pendente lite and future interest @ 24% per annum from.
2. Summons of the suit were issued to the defendant. An affidavit along with tracking report with regard to service of defendant was filed by the plaintiff. However, defendant did not appear and therefore, the plaintiff is entitled to decree in terms of Order 37 Rule 3 (1) CPC.
3. I have heard the arguments and considered the documents/ material placed on record.
4. In support of his case, the AR of plaintiff has filed the following documents:
(i) True copy of certificate of incorporation of plaintiff company with ROC, Delhi.
(ii) Original resolution dated 27.12.2017.
(iii) Office copy of invoices no. 2175 in original with photocopy of transporter's receipt.
(iv) Photocopy of sales tax form "C'.
(v) True Computer generated statement of a/c of the defendant as maintained by the plaintiff.
(vi) certificate under section 65B of Evidence Act.
(vii) True copy of legal notice dated 06.11.2017.
(viii) Postal regn. slip dated 06.11.2017 in original.
(ix) Vakalatnama.
5. The plaint of plaintiff as well as the documents filed CS No.131/18 SCJ Plastics Ltd. Vs. M/s K.C. Industries Page 2 of 3 went unchallenged. I have no reason to disbelieve the plaintiff's case which is duly substantiated by documents on record. However, as per Para 4 of the plaint, defendant purchased articles worth Rs. 1,14,750/ and hence, a principal sum of Rs. 1,14,750/ remains due and outstanding payable by the defendant. In the aforesaid facts and circumstances, the plaintiff is entitled to a decree of Rs.1,14,750/.
6. The plaintiff is claiming interest @ 24% per annum from 29.01.2017 (after credit period of 30 days) which in my opinion is exorbitant and unreasonable. Considering the totality of circumstances, I am of the opinion that ends of justice would be met if plaintiff is granted interest @ 6% p.a.
7. In light of the above discussions, the suit of the plaintiff is decreed to the extent that the defendant is liable to pay Rs.1,14,750/ alongwith interest @ 6% p.a. from 29.01.2017 (after credit period of 30 days) till realization of the decretal amount.
8. Cost of the suit are awarded in favour of the plaintiff and against the defendant.
9. Decree sheet be prepared accordingly.
Announced in the open court (Vikrant Vaid) on 16th November, 2018 ACJ/CCJ/ARC(SE) Saket Courts, New Delhi CS No.131/18 SCJ Plastics Ltd. Vs. M/s K.C. Industries Page 3 of 3