Delhi District Court
New Delhi - 110048 vs M/S Suryas Laxmi Agencies on 9 May, 2008
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IN THE COURT OF SH. NEERAJ GAUR, CIVIL JUDGE,
DELHI
SUIT NO.205/04
Suit filed on - 02/06/2004
Date of decision - 09/05/2008
M/s Danisco Ingredients (India) Pvt. Ltd.
5, Block-E, Local Shopping Center
Masjid Moth, Greater Kailash-II
New Delhi - 110048
..........................PLAINTIFF
VERSUS
1.M/s Suryas Laxmi Agencies C/o Promark International Through Director/Proprietor 26-30, Chanakyapuri, Safilguda Malkajgiri, Post Hyderabad -47 -2-
2. Mr. K.A. Alexander Managing Director/Proprietor M/s Suryas Laxmi Agencies C/o Promark International 26-30, Chanakyapuri, Safilguda Malkajgiri, Post Hyderabad -47 ........................DEFENDANTS SUIT FOR RECOVERY OF RS.92,969/- (Ninety Two Thousand Nine Hundred And Sixty Nine Only) EX-PARTE JUDGMENT:-
1. The brief facts of the case, relevant for adjudication of the suit, as averred in the plaint are that :- -3-
1.1 the plaintiff is a duly incorporated company and is carrying on its business of manufacturing and selling of food favours ingredients, etc.;
1.2 in May, 2002 the defendants approached the plaintiff for purchasing the goods and accordingly, plaintiff supplied various goods to the defendants on credit from time to time vide three bills/invoices. The goods were sold and delivered through common carrier;
1.3 the plaintiff was also maintaining the regular books of accounts of the defendants and as per the account an outstanding amount of Rs.62,817.08Paise was due and payable by the defendants on 13/05/02;
1.4 the defendants did not pay the outstanding amount despite reminders and representations and consequently on -4- 19/07/03 the plaintiff served upon a legal notice dt.17/07/03 upon the defendants. In response thereto, the defendant no.2 vide letter dt.11/09/03 acknowledged and admitted the above mentioned liability and assured to clear the outstanding amount during the month of October, 2003. The defendant no.2 did not keep his commitment and, hence, the present suit is filed for recovery of outstanding amount alongwith interest @ 24% per annum.
2. The defendants were served through publication but abstained from appearing in the present suit and were proceed with ex-parte on 15/02/05. During the pendency of the suit, vide order dt.30/07/05 the plaintiff was allowed to incorporate the change of name of the plaintiff company.
3. The ex-parte evidence has been lead, arguments have been heard and record has been perused. -5-
4. Vide order dt.03/08/07 the application of the plaintiff U/S 151 and 153 CPC were allowed and the necessary corrections in the plaint were made where the description of bills/invoices was given..
5. In ex-parte evidence plaintiff has examined one witness Sh. Vinod Bhardwaj, Accounts Officer of the plaintiff company as PW-1 who deposed the facts mentioned in the plaint. Certain documents were also exhibited which are as under :-
Ext. PW-1/A is the Board Resolution in favour of PW-1. The copy of fresh certificate of incorporation of the plaintiff is Ext. PW-1/B. The copy of Memorandum of Article of Association is Ext. PW-1/C. The bills/invoices in question are Ext. PW-1/D to PW-1/F. The carrier/transport receipts are Ext. PW-1/G to PW-1/I. The copy of statement of account is -6- Ext. PW-1/J. The copy of legal notice dt.17/07/03 is Ext. PW- 1/K, the AD Card is Ext. PW-1/R and PW-1/M2. The receipt dt.11/09/03 of the above mentioned legal notice is Ext. PW- 1/M. The copy of legal notice dt.13/11/03 is Ext. PW-1/O and postal receipt are Ext. PW-1/P1, 1/Q, 1/L & PW-1/N1.
6. The plaintiff has duly proved all the documents and the testimony of PW remained unchallenged. I find no reason to disbelieve the testimony of PW. Vide reply Ext. PW-1/N the defendant admitted the liability of Rs.62,817/- in clear and unequivocal terms. Even independent of this admission the plaintiff has duly proved its case. The plaintiff has also claimed interest @ 24% per annum, however, perusal of the record shows that there is no stipulation for payment of interest. This court is of the view that claim of interest @ 24% per annum is unreasonable and exorbitant. Accordingly, plaintiff is entitled to an interest @ 9% per annum from the date of the last bill i.e. -7- 13/05/02 till filing of the present suit. The plaintiff is also awarded pendentelite and future interest on the above mentioned rate. The suit is filed within the period of limitation.
The suit is accordingly decreed against the defendants and following reliefs are granted in favor of plaintiff:-
1. A money decree for a sum of Rs.62,817/- on account of principal amount.
2. Simple interest @ 9% per annum on the sum of Rs.62,817/-
from the date of the last bill i.e. 13/05/02 till filing of the present suit.
3. Pendentelite & future interest @ 9% per annum (simple interest) from the date of filing of suit till realisation on Rs.62,817/-.
4. Cost of suit.
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Decree sheet be prepared accordingly. File be consigned to record room after completing the necessary formalities.
(NEERAJ GAUR) Civil Judge, Delhi Announced in the open court on 09/05/2008.