Delhi District Court
M/S. Apollo Pipes Ltd vs M/S. Steel & Tube Traders on 21 January, 2020
IN THE COURT OF CIVIL JUDGE, SHAHDARA DISTRICT,
KARKARDOOMA COURTS, DELHI
Presided By : Sh. Vaibhav Chaurasia, DJS
Civil Suit No: 9547/2016
M/s. Apollo Pipes Ltd.
Through its authorized Representative
Sh. N.K. Mahendru,
37, Hargobind Enclave,
Vikas Marg, Delhi110092. ... Plaintiff
Versus
1.M/s. Steel & Tube Traders Through its proprieter Mr. Kirit Shah
2. Mr. Kirit Shah Proprietor of M/s. Steel & Tube Traders, Both at: 149, Shastri Market, Siyaganj, Bhiangaon, Madhya Pradesh. ... Defendants SUIT FOR RECOVERY OF RS.54,446/ (RUPEES FIFTY FOUR THOUSAND FOUR HUNDRED FORTY SIX) ALONG WITH PENDENTELITE AND FUTURE INTEREST @ 24% INTEREST.
DATE OF INSTITUTION : 31.07.2015 DATE OF ARGUMENTS : 27.11.2019 DATE OF DECISION : 21.01.2020 EXPARTE JUDGMENT
1. The plaintiff has filed the present suit for recovery of sum of Rs.54,446/ along with pendentelite and future interest at the rate of 24% per annum as well as cost of the present suit. The plaintiff has prayed in Civil Suit No.9547/2016 M/s. Apollo Pipes Ltd. v M/s. Steel & Tube Traders Page No.1 of 4 the following terms: "In this fact and circumstances of the case at this Hon'ble Court may be pleased to: a. Pass a decree for a sum of Rs.54,446/ (Rupees fifty four thousand four hundred forty six) in favour of the plaintiff and against the defendant:
b. Award interest @ 24% per annum pendentelite and future on the suit amount till the date of realization;
c. Award costs of the suit with litigation expenses; and d. Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. The case of the plaintiff at discernible from the plaint is that plaintiff is the limited company duly registered under companies act; that the plaintiff engages in the dealing of manufacturing and trading of PVC tubes, pipes, fittings and other allied products; that defendant is a proprietorship firm under the proprietor of the defendant no.2; that the plaintiff company have supplied column pipes under invoice no.91, 98 and 153 of different dates; that the defendant had received the ordered goods from the plaintiff without any reservation; that the defendant is presently under the debt of Rs.54,446/ and it was agreed between the parties that the interest that is to be charged upon the case of the late payment is @ Civil Suit No.9547/2016 M/s. Apollo Pipes Ltd. v M/s. Steel & Tube Traders Page No.2 of 4 12% per annum on the overdue debt amount; that despite repeated requests and reminders, the defendant have failed to pay the overdue amount and therefore the plaintiff was left with no alternative but to sent a legal demand notice dated 20.03.2015 and in spite of the service of such notice the defendant again have failed and have neglected to make the outstanding payment and in view thereof, the present suit has been instituted.
3. Perusal of record reflects that vide order sheet dated 17.08.2017, the defendant no.2 has refused to accept summons and therefrom on the same very date, the defendant was proceeded exparte and matter was adjourned for the recording of ex parte plaintiff's evidence.
4. The plaintiff has examined its AR i.e. Sh. Ankit Sharma as PW1. PW1 Sh. Ankit Sharma has tendered his evidence by way of affidavit i.e. Ex.PW1/A and has relied upon the following documents viz. board resolution dated 17.07.2019, Ex.PW1/1, invoice no.91 dated 09.07.2014, Ex.PW1/2 (OSR), invoice no.98 dated 19.07.2014, Ex.PW1/3 (OSR), invoice no.153 dated 29.08.2014, Ex.PW1/4 (OSR), statement of account w.e.f. 01.04.2013 to 13.03.2015, Mark A, legal notice dated 20.03.2015, Ex.PW1/8 and two postal receipts, Ex.PW1/9 and Ex.PW1/10 respectively. No document was tendered as Ex.PW1/5, Ex.PW1/6 and Ex.PW1/7. PW1 Sh. Ankit Sharma was examinedinchief,on 10.10.2019.
5. I had heard Sh. Navdeep Kumar, Ld. Advocate for the Civil Suit No.9547/2016 M/s. Apollo Pipes Ltd. v M/s. Steel & Tube Traders Page No.3 of 4 plaintiff, on 27.11.2019 The Ld. Advocate for the plaintiff had submitted that the case of the plaintiff stands duly proved by virtue of the unchallenged testimony of PW1 Sh. Ankit Sharma and as such, the plaintiff is entitled to the decree, as prayed for.
6. In view of unchallenged testimony of PW1 Sh. Ankit Sharma and the affidavit of PW1 Sh. Ankit Sharma wherein he has deposed in the same lines as that of the plaint and in specific the invoices viz. invoice no.91, 98, 153 and further the statement of account, Mark A, though the invoice adds up to Rs.64,910/ however, PW1 Sh. Ankit Sharma has sought only Rs.54,446/, therefore the suit is decreed in favour of plaintiff and against the defendant no.2 for the amount of Rs.54,446/. As far as pendentelite and future interest is concerned, in view of judgement of Hon'ble Supreme Court of India in Central Bank of India v Ravindra, AIR 2001 SC 3095, the plantiff is granted interest @ 9 till the realization of the amount.
7. Upon preparation of the decree sheet by the Reader, the file shall be consigned to the record room.
Digitally
signed by
Announced in open Court VAIBHAV
(Vaibhav Chaurasia)
today on 20.01.2020 VAIBHAV CHAURASIA
Civil Judge/Shahdara district
CHAURASIA
Karkardooma Date:
Courts/Delhi
2020.01.21
15:51:31
+0530
Civil Suit No.9547/2016
M/s. Apollo Pipes Ltd. v M/s. Steel & Tube Traders Page No.4 of 4