Delhi District Court
Sumit Gupta vs Jmd Automation And Solution ... on 19 December, 2024
IN THE COURT OF SH. BHARAT AGGARWAL,
ADMINISTRATIVE CIVIL JUDGE-CUM-ADDITIONAL
RENT CONTROLLER, CENTRAL DISTRICT, TIS HAZARI
COURTS, DELHI
SUIT NO : CS SCJ 1403/2022
CNR NO.DLCT03-002751-2022
SUMIT GUPTA VS. JMD AUTOMATION AND SOLUTION
ENTERPRISES
IN THE MATTER OF :-
Sumit Gupta
Proprietor
M/s. Bhagwati Sales & Co. Audit Data
Office at:
980-81/13/1, 1st Floor,
Makki Market, Chawri Bazar,
Delhi.
...PLAINTIFF
VERSUS
1. M/s. JMD Automation & Solution Enterprises
Through its Proprietor
Sujit Mishra
Office at:
Plot No. 873, Sector-5,
Vaishali, Distt.-Ghaziabad,
Uttar Pradesh.
2. Sujit Mishra
Proprietor of M/s. JMD Automation &
Solution Enterprises
Plot No. 873, Sector-5,
CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 1 of 12
Digitally
signed by
BHARAT
BHARAT AGGARWAL
AGGARWAL Date:
2024.12.19
17:07:00
+0530
Vaishali, Distt.-Ghaziabad,
Uttar Pradesh.
...DEFENDANTS
Date of institution : 24.05.2022
Date of judgment : 19.12.2024
SUIT FOR RECOVERY OF RS.1,44,802/- ALONG WITH
PENDENTE-LITE AND FUTURE INTEREST @ 18% PER
ANNUM
E X - PAR T E J U D G M E N T
1. Vide this judgment, I shall decide a suit for recovery of
money filed by the plaintiff against the defendants.
BRIEF FACTS AS PER THE PLAINT:
2. The brief facts of the plaint which are necessary for the disposal of the present suit are that:
a) The present suit has been filed by the plaintiff seeking a decree of Rs.1,44,802/- along with pendente-lite and future interest @ 18% per annum. However, during the course of the final arguments, it was submitted on behalf CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 2 of 12 Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2024.12.19 17:07:04 +0530 of plaintiff that a payment of Rs.10,000/- has already been made by the defendant after the settlement was recorded between the parties before the Mediation Centre on 08.02.2023 and therefore, the present suit is pending for recovery of Rs.1,44,802 - Rs.10,000/- = Rs.1,34,802/-
along with pendente-lite and future interest @ 18% per annum.
b) Briefly stated, it is the case of the plaintiff that plaintiff's proprietorship firm working under the name and style of 'M/s. Bhagwati Sales & Co. Audit Data' is carrying on business of supplying printing papers. It is stated that defendants are also engaged in the business of sale and purchase of printing papers working under the name and style of 'M/s. JMD Automation and Solution Enterprises'. It stated that as per the orders placed, plaintiff had sold and supplied printing materials/goods to the defendant. It is further stated that defendants have duly received the goods on credit basis. It is also stated that plaintiff has been CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 3 of 12 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2024.12.19 17:07:09 +0530 maintaining true and regular accounts for the transactions with the defendants including the payments made to the defendant, payment received from the defendants as well as the payment outstanding against the defendants.
c) It is stated that defendant has made last payment of Rs.25,000/- on 17.09.2020 leaving a balance of outstanding dues of Rs.1,00,908/-. It is stated that defendants are also liable to pay a sum of Rs.43,894/- as interest calculated till the filing of present suit, as per the agreed terms and conditions on which the goods were supplied by the plaintiff and mentioned on the tax invoices raised on the defendants. It is further stated that the defendants are liable to pay a total sum of Rs.1,44,802/- alongwith pendente-lite and future interest @ 18% per annum to the plaintiff.
d) It is stated that plaintiff has repeatedly demanded the outstanding payment from the defendants, both verbally CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 4 of 12 Digitally signed by BHARAT AGGARWAL BHARAT AGGARWAL Date:
2024.12.19 17:07:15 +0530 and in writing however, the defendants have failed to pay the outstanding amounts to the plaintiff. It is also stated that plaintiff has exchanged number of letters and correspondences with the defendants regarding the business as well as for demanding the pending amounts. It is stated that plaintiff served a legal demand notice dated 28.12.2021 upon the defendant calling upon him to pay the aforesaid outstanding balance within 15 days, however, the said notice was returned back. Hence, the present suit has been filed by the plaintiff seeking recovery of money against the defendants.
3. Summons of the suit were issued upon the defendants vide order dated 25.05.2022 and on 08.02.2023, defendant no.2 appeared and the matter was referred to mediation for deliberation between the parties. Record further reveals that the matter was received back as settled before the Mediation Centre vide mediation settlement agreement dated 08.02.2023. However, vide order dated 26.10.2023, it was CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 5 of 12 Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2024.12.19 17:07:26 +0530 submitted on behalf of plaintiff that matter, though, was settled between the parties but defendant is not complying with the terms of the aforesaid mediation order. Later, the defendant stopped appearing and ultimately vide order dated 21.12.2023, he was proceeded ex-parte in the present suit and no written statement has been filed on record on behalf of defendants.
4. Order VIII Rule 10 of Code of Civil Procedure, 1908, deals with power of Court in total absence of written statement leaves it to the discretion of the Court whether to pronounce judgment or make such other order as the court deems fit. In Balraj Taneja & Anr v. Sunil Madan & Anr [(1999) 8 SCC 396], in the context of Section 58 and Order VIII Rule 5, it was held by the Hon'ble Supreme Court that:-
" A court, at no stage, can act blindly or mechanically."
In exercise of the above powers and as a matter of caution, CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 6 of 12 Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2024.12.19 17:07:37 +0530 this Court had required the plaintiff to prove his case through evidence.
PLAINTIFF'S EVIDENCE:
5. In order to prove his case, plaintiff examined himself as PW-1 and relied upon his evidence affidavit Ex.PW-1/A on 29.08.2024. PW-1 further relied upon following documents:-
a) Ex.PW-1/1 being copy of GST registration certificate of plaintiff i.e. Bhagwati Sales & Co.;
b) Ex.PW-1/2 (Colly.) being the copies of invoices issued by the plaintiff upon defendants;
c) Ex.PW-1/3 (Colly.) being the statement of accounts maintained by the plaintiff of the defendants;
d) Ex.PW-1/4 being the copy of legal notice dated 28.12.2021 issued by the plaintiff to defendant no.2 alongwith postal receipt;
e) Ex.PW-1/5 being the tracking report qua the legal notice;
f) Ex.PW-1/6 being the copy of settlement agreement before CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 7 of 12 Digitally signed by BHARAT AGGARWAL BHARAT AGGARWAL Date:
2024.12.19 17:07:47 +0530 Medication Centre dated 08.02.2023; and
g) Ex.PW-1/7 being the certificate under Section 65-B of Indian Evidence Act.
6. PW-1 was duly examined and discharged on 29.08.2024 and ex-parte plaintiff's evidence was closed on 29.08.2024 itself.
7. I have heard the counsel for plaintiff and have perused the record.
FINDINGS WITH REASONS:
8. Briefly stated, the present suit has been filed by the plaintiff seeking recovery of Rs.1,44,802/- along with pendente-lite and future interest @ 18% p.a. from the defendant by alleging that as per the orders placed, plaintiff had sold and supplied printing materials/goods to the defendant. It is further alleged that defendant has duly received the goods on credit basis. Plaintiff alleged that defendant has made last payment of Rs.25,000/- on 17.09.2020 leaving a balance of outstanding CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 8 of 12 Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2024.12.19 17:07:53 +0530 dues of Rs.1,00,908/-. Plaintiff alleged that he served a legal demand notice dated 28.12.2021 i.e. Ex.PW-1/4 upon the defendant no.2 calling upon him to pay the aforesaid outstanding balance within 15 days, however no payment was made. After due consideration of such documents and the appreciation of evidence led on record by the plaintiff, it becomes clear that plaintiff has successfully proved his case against the defendants on a scale of preponderance of probabilities.
9. Plaintiff also alleged that defendants are also liable to pay a sum of Rs.43,894/- as interest calculated till the filing of present suit, as per the agreed terms and conditions on which the goods were supplied by the plaintiff and mentioned on the tax invoices raised on the defendants. Plaintiff was expected to lead evidence to prove the interest of Rs.43,894/- as calculated till filing of the present suit as per the agreed terms and conditions on which the goods were supplied. Perusal of the record shows that the essential documents in CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 9 of 12 Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2024.12.19 17:08:03 +0530 support of the averments of the plaint relied upon by the plaintiff are merely copies of invoices Ex.PW-1/2 (Colly.), statement of accounts Ex.PW-1/3 (Colly.) and legal notice dated 28.12.2021 Ex.PW-1/4 and as such, no document has been filed to prove the interest of Rs.43,894/-. Further, the plaintiff has not explained as to how such amount of Rs.43,894/- has been calculated as interest in the present suit.
10. Perusal of the statement of account filed on record by the plaintiff i.e. Ex.PW-1/3 prima facie shows that the defendant was liable to pay Rs.1,25,905.85/- to the plaintiff, out of which defendant last made a payment of Rs.25,000/- on 17.09.2020. During the course of the final arguments, it was submitted on behalf of plaintiff that a payment of Rs.10,000/- has already been made by the defendant after the settlement recorded before the Mediation Centre on 08.02.2023. Hence, plaintiff has been able to show liability of defendants for a sum of Rs.90,908.85/- which is required to be paid to the plaintiff.
CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 10 of 12
Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2024.12.19 17:08:09 +0530
11. Although, the plaintiff has sought interest @ 18% per annum, it is settled law that the Court is not bound by the rate of interest as claimed by the plaintiff even if contractual. The Court should be alive to the change of rate of interest regime and should refrain from awarding excessively high and unreasonable rates of interest (reference can be made to the judgment of Hon'ble High Court of Delhi in the case of M/s.
Sangat Printers Pvt. Ltd. v. M/s. Wimpy International Ltd. RFA No.657/2003). In the given circumstances, since the interest @ 18% per annum seems unreasonable, the Court deems it fit to exercise its discretion under Section 34 of CPC and award interest @ 6 % per annum from 17.09.2020 (i.e. the date from when the money was due and payable to the plaintiff) till actual realization. RELIEF:
12. Accordingly, in view of the observations hereinabove, suit of the plaintiff is partly decreed for a sum of Rs.90,908.85/- CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 11 of 12
Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2024.12.19 17:08:15 +0530 along with interest @ 6% per annum (simple) from 17.09.2020 (i.e. the date from when the money was due and payable to the plaintiff) till actual realization. No order as to costs.
13. Decree sheet be prepared accordingly.
14. File be consigned to Record Room. Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2024.12.19 17:08:22 +0530 ANNOUNCED IN OPEN COURT (Bharat Aggarwal) Today i.e. 19.12.2024 ACJ-cum-ARC(Central) Tis Hazari Courts/Delhi Present judgment consists of 12 pages and each page bears my initials.Digitally signed
by BHARAT BHARAT AGGARWAL AGGARWAL Date: 2024.12.19 17:08:26 +0530 (Bharat Aggarwal) ACJ-cum-ARC(Central) Tis Hazari Courts/Delhi 19.12.2024 CS No.1403/22 Sumit Gupta Vs. JMD Automation & Solution Enterprises & Anr. Page 12 of 12