Delhi District Court
Sh. Kapil Goel vs Shyam Sunder Chadha on 10 January, 2022
IN THE COURT OF SH. DHIRENDRA RANA,
SCJ CUM RC (NORTH), ROHINI COURTS, DELHI.
In the matter of :-
Sh. Kapil Goel
Proprietor of MWB Fasteners,
Office at A-47/1, G. T. Karnal Road Industrial Area,
Delhi-110033 ........... Plaintiff
VERSUS
Shyam Sunder Chadha
Proprietor of
Sahara (India) Home Appliances
Office at G-71, DSIIDC, Sector-4,
Bawana Industrial Area,
Delhi-110039
Also At:
R/o 16, Sainik Vihar, Pitampura, Delhi-110034 .......... Defendant
EX-PARTE JUDGMENT
CNR No. DLNT030013932020
Case No. 715/2020
Under Section Recovery of Rs. 2,50,579/-
Date of Institution 21.09.2020
Date of Final Order 10.01.2022
Final Order Decree
BRIEF FACTS
The present suit is for recovery of Rs. 2,50,579/- alongwith pendent lite and future interest filed by the plaintiff against the defendant.
1. Succinctly stated facts as mentioned in the plaint are as under:-
CS No. 715/2020 Kapil Goel Vs. Shyam Sunder Chadha 1/4 Plaintiff is proprietor of M/s. MWB Fasteners, dealing in business of manufacturing and trading of different size of screws, nuts, washers and fasteners. Defendant is proprietor of Sahara (India) Home Appliances and used to purchase goods from plaintiff. Defendant purchased the goods from the plaintiff from 01.04.2018 to 31.03.2020 on credit basis. Plaintiff issued tax invoices on each and every sale made to defendant and defendant used to make on account payment to plaintiff for the goods purchased by him. In the due course of business plaintiff, maintained books of accounts wherein all the transactions of sale to defendant and payment made by the defendant were entered. As per accounts maintained by plaintiff, on 01.04.2019, Rs. 2,29,889.91/- was shown as outstanding. During the period 01.04.2019 to 31.03.2020, plaintiff sold goods worth Rs. 64,088/- to the defendant and as per the same, defendant was liable to be paid total amount of Rs.
2,93,977.91/- to the plaintiff, out of which Rs. 65,000/- was paid by defendant during 01.04.2019 to 31.03.2020 and Rs. 2,28,977.91/- was outstanding. Time and again plaintiff informed the defendant to make the payment of outstanding amount of Rs. 2,28,977.91/- but defendant lingered on the matter on one pretext or other. Plaintiff also supplied copy of statement of accounts to defendant but in vain. Thereafter, plaintiff issued legal notice dated 26.08.2020 to the defendant which was duly served upon him but of no avail. Hence, the present suit.
2. The summons were issued to the defendant which were duly served upon the defendant. However, no written statement was filed on behalf of defendant and hence, vide order dated 03.12.2021, defendant was proceeded ex-parte.
3. In ex parte evidence, plaintiff has examined himself as PW1 via affidavit Ex. PW1/1 wherein he reiterated the contents of the plaint. He also proved Ex. PW1/2 as Goods and Service Tax Certificate, Ex. PW1/3 to Ex. CS No. 715/2020 Kapil Goel Vs. Shyam Sunder Chadha 2/4 PW1/10 as invoices cum challan dated 25.05.2018, 28.05.2018, 11.08.2018, 24.08.2018, 31.08.2018, 03.12.2018, 10.12.2018, 03.12.2018 (OSR), Ex. PW1/11 as e-way bill dated 24.08.2020, Ex. PW1/12 as copy of ledger from 01.04.2018 to 31.03.2019, Ex. PW1/13 as copy of ledger from 01.04.2019 to 31.03.2020, Ex. PW1/14 as copy of legal notice, Ex. PW1/15 and Ex. PW1/16 as postal receipts, Ex. PW1/17 and Ex. PW1/18 as postal tracking report, Ex. PW1/19 as postal envelope containing legal notice returned and Ex. PW1/20 as certificate under section 65 B of Evidence Act.
4. He has not been cross-examined since the defendants remained ex-parte.
5. I have heard the final arguments and perused the judicial record.
6. The case of the plaintiff is that the defendant did not repay the outstanding amount. The abovesaid fact has been duly proved by the plaintiff with copy of invoice cum challan, e-way bill dated 24.08.2020, copy of ledger from 01.04.2018 to 31.03.2019 and from 01.04.2019 to 31.03.2020, copy of legal notice, postal receipts and tracking reports.
7. As defendant was already proceeded ex parte and the PW1 was not cross examined, hence, the averments of the plaint remained intact, unchallenged and uncontroverted.
8. The suit is within the period of limitation as well as within the pecuniary jurisdiction of this Court.
9. The suit of the plaintiff is decreed against defendant for a sum of Rs. 2,50,579/- alongwith pendente lite and future interest @ 9% p.a. from the date of filing of the suit till the realization of the decreetal CS No. 715/2020 Kapil Goel Vs. Shyam Sunder Chadha 3/4 amount. Although, plaintiff has prayed for 18% per annum interest but that seems to be an exorbitant rate. The plaintiff is also awarded the costs of the suit. Decree sheet be accordingly prepared. File be consigned to record room after due compliance.
Announced in the Open Court on 10.01.2022 DHIRENDR Digitally signed by
DHIRENDRA RANA
A RANA Date: 2022.01.10
16:26:21 +05'30'
(DHIRENDRA RANA)
SCJ-cum-RC(North), Rohini,
Delhi/10.01.2022
CS No. 715/2020 Kapil Goel Vs. Shyam Sunder Chadha 4/4