Delhi District Court
Saboori Collezione International Pvt. ... vs M/S. Qns Enterprises on 17 August, 2022
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IN THE COURT OF SH. LALIT KUMAR
ADDITIONAL DISTRICT JUDGE-04, SOUTH-EAST
SAKET COURTS, NEW DELHI
Suit no. CS DJ/824/2017
Saboori Collezione International Pvt. Ltd,
1, LS.C. Okhla Industrial,
Okhla Main Road, Phase-II,
New Delhi-110 020 ......PLAINTIFF
VERSUS
M/s. QNS Enterprises,
Through Sh. Anis V. Tinvyala & Shaikh Gulam Mustafa-
Authorised Representative,
17/19, Darga House,
First Floor, Room No. 6,
Bapu Khote Street,
Mumbai-400003 ......DEFENDANT
SUIT FOR RECOVERY OF RS. 6,29,615/-
Date of institution of suit : 26.05.2017
Judgment reserved on : 17.08.2022
Date of Judgment : 17.08.2022
Final Decision : Suit Decreed.
1.This is a suit for recovery of Rs. 6,29,615/- filed by the plaintff against the defendant.
CS DJ No. 824/2017 -2-2. Briefly stated, the facts of the case are that in the year 2013, on mutual understing, the defendant started purchasing Adult Diapers and Underpads manufactured by the plaintiff company alongwith various medical producted. Accordingly, the defendant placed various orders and on the basis of the terms and conditions agreed between the parties, goods were supplied by the plaintiff company its dustributor, division and subsidiary companies to the defendant. The said goods were supplied to them and a separate invoice was raised for each such transaction. The defendant duly filled and submitted the Info Card as well as the applicatin form to be appointed as Distributor.
3. That as per the requirements, the defendant started placing orders for the above-said goods and as per their orders, goods were delivered to them at their cnvenience and invoices were raised for each such transaction. Periodic payments were made by the defendant and accordingly, the plaintiff was maintaining an open and running ledger amount of the said transactions.
CS DJ No. 824/2017 -3-4. It is averred that as per the ledger accounts of the plaintiff company, an amount of Rs. 6,29,615/- is due on ccount of the plaintiff company and the last payment was received by the plaintiff company on 22.09.2014.
5. It is stated that as per the ledger accounts of the plaintiff company, a total amount of Rs. 6,29,615/- has remained long due from the defendant, which the defendant has failed to pay despite repeated requests, personal visits and demands. The defendant has also failed to issue 'C-Forms/F-Forms' against the total billed amount and are withholding the said documents, which they are legally bound to issue upon receipt of the goods, in order to evade the tax liability.
6. It is averred that the defendant has miserably failed to make payment to the plaintiff company despite repeated visits, requests and demands. The plaintiff company even sent legal notice dt 24.01.2017 calling upon the defendant to clear the outstanding dues. However, despite service of legal notice, defendant neither paid the outstanding amount nor replied to the CS DJ No. 824/2017 -4- Legal Demand Notice. Hence, the plaintiff was constrained to file the present suit for recovery.
7. Summons of the suit were issued to the defendant.
Vide order dt 06.06.2019 of Ld. Predecessor Court, it is mentioned that an envelope received from Superintendent Execution Department Courts of Small Causes, Mumbai, wherein it is reported that summons have been served upon the defendant on 03.06.2019. Further, the defendant has also been served by way of publication in Newspaper "Hindu" and "Navshakti" dt 01.06.2019. However, defendant despite service, did not turn up, accordingly, opportunity to file written statement by defendant was closed vide order dt 13.11.2019.
8. Thereafter, plaintiff led its ex-parte evidence by way of affidavit of Sh. Rajesh Sabikhi. He reiterated the contents of the plaint and proved the following documents on record :
1. Copy of certificate of incorporation Ex.PW1/1
2. Copy of Board Resolution dt. 14.02.2019 Ex.PW1/2
3. Copy of invoice no. Ex.PW1/3 Saboori/DEL/.MED/R/12-13/007 CS DJ No. 824/2017 -5-
4. Copy of application Form Mark 1
5. Copy of Distributor Info Card Mark 2
6. Office copy of covering letter dated Mark 3 15.04.2013.
7. Copy of invoice no. Ex.PW1/4 Saboori/DEL/.MED/R/12-13/102
8. Packing list Mark 4
9. Copy of receipt No.71542479 Ex.PW1/5 is de-
exhibited for want of original and same is marked as Mark-A
10. Office copy of covering letter Mark 5
11. Copy of invoice no. Ex.PW1/6 Saboori/DEL/.MED/R/12-13/012
12. Copy of receipt no.120115397 Ex.PW1/7 is de-
exhibited for want of original and same is marked as Mark-B
13. Packing List Mark 6
14. Office Copy of covering letter Mark 7
15. Copy of invoice no. Ex.PW1/8 Saboori/DEL/.MED/R/12-13/023
16. Copy of receipt no.7117513 Ex.PW1/9 is de-
exhibited for want of original and same is marked as Mark-C CS DJ No. 824/2017 -6-
17. Packing list Ex.PW1/10 is de-
exhibited for want of original and same is marked as Mark-D
18. Copy of invoice no. Ex.PW1/11 Saboori/DEL/.MED/R/12-13/026
19. Office copy of covering letter Mark 8
20. Copy of invoice no. Ex.PW1/12 Saboori/DEL/.MED/R/12-13/029
21. Copy of receipt no.7122274 Ex.PW1/13 is de-
exhibited for want of original and same is marked as Mark-E
22. Packing list Ex.PW1/14 is de-
exhibited for want of original and same is marked as Mark-F
23. Copy of invoice no. Ex.PW1/15 Saboori/DEL/.MED/R/12-13/035
24. Copy of invoice no. Ex.PW1/16 Saboori/DEL/.MED/R/12-13/042
25. Office copy of covering letter Ex.PW1/17 is de-
exhibited for want of original and same is marked as Mark-G
26. Copy of invoice no. Ex.PW1/18 CS DJ No. 824/2017 -7- Saboori/DEL/.MED/R/12-13/035
27. Packing List Mark 9
28. Copy of receipt no.335856 Mark 10
29. Office copy of covering letter Mark 11
30. Copy of invoice no. Ex.PW1/19 Saboori/DEL/.MED/R/12-13/040
31. Copy of receipt no.5058 Ex.PW1/20 is de-
exhibited for want of original and same is marked as Mark-H
32. Packing list Ex.PW1/21 is de-
exhibited for want of original and same is marked as Mark-I
33. Office copy of covering letter Mark 12
34. Copy of invoice no. Ex.PW1/22 Saboori/DEL/.MED/R/12-13/047
35. Packing list Ex.PW1/23 is de-
exhibited for want of original and same is marked as Mark-J
36. Copy of receipt no.7178713 Ex.PW1/24
37. Office copy of covering letter Mark 13
38. Copy of invoice no. Ex.PW1/25 Saboori/DEL/.MED/R/12-13/059
39. Packing list Ex.PW1/26 is de-
CS DJ No. 824/2017 -8-exhibited for want of original and same is marked as Mark-K
40. Copy of receipt no.7178713 Ex.PW1/27 is de-
exhibited for want of original and same is marked as Mark-L
41. Office copy of covering letter Mark 14
42. Copy of invoice no. Ex.PW1/28 Saboori/DEL/.MED/R/12-13/066
43. Packing list Ex.PW1/29 is de-
exhibited for want of original and same is marked as Mark-M
44. Copy of receipt no.324690 Ex.PW1/30 is de-
exhibited for want of original and same is marked as Mark-N
45. Office copy of covering letter Mark 15
46. Copy of invoice no. Ex.PW1/31 Saboori/DEL/.MED/R/12-13/067
47. Packing list Mark 16
48. Receipt no.324691 Ex.PW1/32 is de-
exhibited for want of original and same is marked as CS DJ No. 824/2017 -9- Mark-O
49. Office copy of covering letter Mark 17
50. Copy of invoice no. Ex.PW1/33 Saboori/DEL/.MED/R/12-13/070
51. Packing list Ex.PW1/34 is de-
exhibited for want of original and same is marked as Mark-P
52. Receipt no.7124998 Ex.PW1/35 is de-
exhibited for want of original and same is marked as Mark-Q
53. Office copy of covering letter Mark B
54. Copy of invoice no. Ex.PW1/36 Saboori/DEL/.MED/R/12-13/081
55. Packing list Ex.PW1/37 is de-
exhibited for want of original and same is marked as Mark-R
56. Copy of receipt of Rs.1,34,303/- Ex.PW1/38 is de-
exhibited for want of original and same is marked as Mark-S
57. Office copy of covering letter Mark 19
58. Copy of invoice no. Ex.PW1/39 Saboori/DEL/.MED/R/12-13/090 CS DJ No. 824/2017
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59. Packing list Ex.PW1/40 is de-
exhibited for want of original and same is marked as Mark-T
60. Receipt no.355826 Ex.PW1/41 is de-
exhibited for want of original and same is marked as Mark-U
61. Copy of ledger accounts maintained by Ex.PW1/42 plaintiff company
62. Office copy of legal notice dated. Ex.PW1/43 24.01.2017
63. Origiunal postal receipt alongwith tracking Ex.PW1/44 report (colly)
64. Certificate u/Sec.65-B of Indian Evidence Ex.PW1/45 Act
9. Plaintiff did not lead any further evidence in the matter and accordingly, PE was closed vide order dt 17.08.2022.
10. I have heard Ld. Counsel for the plaintiff and carefully gone through the record of the case.
CS DJ No. 824/2017- 11 -
11. Ld. Counsel for plaintiff has argued that defendant stated placing orders with the plaintiff for which various invoices were raised from time to time and the goods were delivered to the defendant. It is argued that as per ledger accounts maintained by the plaintiff, a sum of Rs. 6,29,615/- is due and outstanding against the defendant, which defendant has failed to pay despite requests, demands and service of legal notice. It is prayed that the present case may be decreed.
12. Since the defendant, despite service by way of publication, did not turn up to contest the case, accordingly, the opportunity to file Written Statement was closed. The case of the plaintiff has gone unrebutted, unchallenged and uncontroverted and is supported by the documents placed and proved on record, in my opinion plaintiff has successfully established that defendant has failed to pay his dues despite repeated requests, demands and service of legal notice. Hence, the suit is liable to be decreed.
CS DJ No. 824/2017- 12 -
13. The suit of the plaintiff is accordingly decreed in the sum of Rs. 6,29,615/- along with pendente lite and future interest @ 9% per annum from the date of filing of the suit till its realization. Costs of the suit is also awarded in favour of plaintiff.
14. Decree sheet be prepared accordingly. File be consigned to Record Room.
Announced in the open Court (Lalit Kumar) on 17th August, 2022 Addl. District Judge-04, South-East, Saket Court, New Delhi CS DJ No. 824/2017