Delhi District Court
M/S Aska Equipment'S Ltd vs . on 19 March, 2021
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In the court of Sh. Ashwani Kumar Sarpal,
District Judge-Commercial Court-05,
Central District, Tis Hazari Court, Delhi.
M/s Aska Equipment's Ltd.
Vs.
M/s Sri Siddi Vinayaka Enterprises
[CS (Comm) No. 1462/2019]
Date of Institution--- 02.07.2019
Date of decision------19.03.2021
(Suit for recovery of Rs. 6,86,278/-)
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EXPARTE JUDGMENT:-
1. According to the averments, plaintif company supplied 5 number of Aska Water Mist and CAF Fire Extinguisher worth Rs.6,92,070/- to the defendant but prior to that a demo of the same was done for which the defendant even paid demonstration charges of Rs.8,850/-. The defendant had placed an order through email on 09.07.2018. Defendant had paid advance payment of Rs.1,00,000/- and assured to make the balance payment of Rs.5,92,000/- on receipt of transport ~2~ booking LR copy. Defendant also informed the plaintif that the balance payment will be credited in its accounts before the material reaches Hyderabad. According to the plaintif, the equipments were supplied in the month of September 2018 and even scanned copy of tax invoice, transport booking LR were also sent to the defendant through email. As per directions of the defendant the material was directly supplied to KIMS Hospital, Hyderabad but did not make payment of the balance amount of Rs.5,92,070/-
alongwith fright charges of Rs.5,468/-. Plaintif relied upon various emails exchanged with the defendant and in some of the emails, defendant accepted its liability and promised to make payment but failed. Ultimately, plaintif issued the legal notice dated 13.03.2019 and when no payment was received, then the present suit was filed for recovery of total Rs.6,86,278/- including the interest calculated @ 18% per annum.
2. The summons of the suit was sent to the defendant through speed post received back unserved with the report that no such company in the name of defendant is found existing at the address given. The summons were also sent through whatsapp by the process serving agency which was seen on 23.10.2020. Summons were ~3~ also sent through email to the defendant. One email dated 27.10.2020 was received from the defendant by this court in which documents were demanded. It shows that defendant was served but when no one appeared on its behalf nor any written statement filed so vide order dated 18.01.2021, it was proceeded exparte.
3. To prove its case, affidavit of Sh. Damodar Bahadur, AR of the plaintif Company filed who is examined as PW1. He repeated the same averments in his affidavit of evidence as mentioned in the plaint and exhibited various documents pertaining to the business transactions in question. I have heard counsel for the plaintif and gone through the record.
4. PW1 is the AR of the plaintif who proved invoices, purchase order, emails, tax invoices, copy of legal notice, postal receipts etc. I find no ground to disbelieve the statement of PW1 given on oath that defendant had not made the balance payment despite service of the emails and legal notice dated 13.03.2019. There is an admission on the part of the defendant to make the payment in certain emails sent by it to the plaintif.
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5. Though there was no written agreement between the plaintif and defendant regarding interest and even in the invoice no such term of interest is mentioned but since, it was a commercial transaction so interest at rate of 18% per annum on the outstanding amount in question is justified and appropriate from the date of filing of the suit till realization.
6. In view of the above, present suit is decreed and defendant is directed to pay sum of Rs. 6,86,278/- alongwith interest @ 18% per annum from the date of filing of the suit till its realization with costs. Decree sheet be prepared accordingly and file be consigned to record room after necessary compliance.
Digitally signed ASHWANI by ASHWANI
KUMAR KUMAR SARPAL
Date: 2021.03.19
Dt. 19.03.2021 SARPAL 12:42:35 +0530
(Ashwani Kumar Sarpal)
District Judge-Commercial Court-5 Central District, Delhi.