Delhi District Court
Shri Suresh Ahuja vs Shri Surinder on 26 August, 2014
IN THE COURT OF SH. DHARMENDER RANA
JSCC/ASCJ/GJ (EAST), KARKARDOOMA COURTS: DELHI
Suit No. 161/12
In the matter of :
Shri Suresh Ahuja
Proprietor, New Ahuja Traders,
IX/7057, Ashok Gali, Gandhi Nagar,
Delhi110031.
.....Plaintiff
Versus
1.Shri Surinder, Ex. Sarpanch Makhipur Proprietor: Royal Garments Barh Chownk, opposite Paibai School, Pilani, Rajasthan.
2. Royal Garments Through its proprietor Barh Chownk, opposite Paibai School, Pilani, Rajasthan.
.....Defendants.
Date of institution of the suit : 23.05.2012
Date on which order was reserved: 26.08.2014
Date of decision : 26.08.2014
SUIT FOR RECOVERY OF RS.99,789/.
EX PARTE JUDGMENT
The facts in brief, necessary for the disposal of the present suit filed by the plaintiff as disclosed in the plaint are that defendant no.1, proprietor of defendant no.2 purchased textiles / clothes from plaintiff worth Rs.98,315/ vide invoice no. 176 and assured to make the payment within one month. It is averred that despite repeated requests by the plaintiff, defendants failed to make the aforesaid payment.
2. It is averred that plaintiff issued legal notice dated 04.04.2012, however, despite service of legal notice, defendant neither made any payment nor replied the same. It has been further averred that since the defendant inspite of repeated requests and service of legal notice failed to make the payment, therefore, the defendants are liable to pay the interest @ 18% per annum from the date of legal notice i.e. 04.04.2012. Hence the instant suit has been filed by the plaintiff against the defendants for recovery of an amount of Rs.99,789/ (Rs.98,315 as principal amount and Rs.1474/ as interest @ 18% thereon w.e.f. 04.04.2012). The plaintiff has also prayed for the cost of the suit.
3. The defendant failed to appear in the court despite service through publication in the newspaper 'Times of India'. Consequently, defendant was proceeded ex parte vide order dated 06.08.2013.
4. The plaintiff has examined himself as PW1 and in his evidence by way of affidavit, he has reiterated and reaffirmed the stand as taken by the plaintiff in the plaint. He has filed on record the copy of invoice no. 176 is Ex. PW1/A, copy of legal notice dated 04.04.2012 is Ex. PW1/B, original speed post receipt is Ex. PW1/C, original proof of delivery is Ex. PW1/D.
5. I have carefully gone through the entire material on record and heard the submissions of Ld. counsel for the plaintiff.
6. The entire evidence available on record has remained unchallenged and uncontroverted on record. I do not have any palpable reasons to disbelieve the unchallenged testimony of the plaintiff. Considering the clinching testimony of the plaintiff and the invoice Ex. PW1/A, I do not have any hesitation in holding that the defendant no.1 owe a responsibility to pay a sum of Rs.98,315/ to the plaintiff. Reliance is placed upon the judgment of Hon'ble High Court of Delhi in case titled as "Press Trust of India Ltd. V/s. Nav Bharat Press (Bhopal Pvt. Ltd.) & Ors. 2012 VI AD Delhi 2005".
7. Perusal of record reflects that defendant no.2 is a proprietorship concern owned by defendant no.1. Since proprietorship concern has got no separate legal entity, therefore, suit is decreed against defendant no.1 only.
8. The plaintiff herein is also claiming pendete lite and future interest @ 18% per annum on the above adjudged sum as per receipt Ex. PW1/A wherein it is stipulated that interest @ 18% per annum will be charged if payment is not made within stipulated time. Accordingly, pendete lite interest @ 18% per annum upon the abovesaid principal amount is also awarded in favour of plaintiff. however, I am not inclined to award the future interest @18 % per annum as plaintiff cannot earn any profit by simply opting to remain indolent and keep his decree unexecuted. Accordingly, future interest @ 8% per annum is also awarded w.e.f.
26.08.2014 till the date of its realization.
9. Decree sheet be prepared accordingly. File be consigned to record room after necessary compliance.
Announced in the open court ( Dharmender Rana)
on this 26.08.2014. ASCJ/JSCC/G. Judge (East)
Karkardooma Courts, Delhi.