Delhi District Court
M/S Akshit Plastics vs M/S Ramjani Traders on 27 April, 2024
IN THE COURT OF MS NEETI SURI MISHRA,
SCJ CUM RC (NORTH), ROHINI COURTS, DELHI
In the matter of :-
M/s Akshit Plastics
Through its A.R. Sh. Krishan Bansal
Office at -
H - 82, Sector - 1, D.S.I.I.D.C.,
Bawana, Delhi - 110039. .....Plaintiff
VERSUS
M/s Ramjani Traders
Through its A.R./Proprietor
Sh. Tahir Ali
Office at -
Lane No. 15, Majra,
Opposite Muskan Hotel, Saharanpur Road,
Dehradun, Uttarakhand - 248001. .....Defendant
JUDGMENT
CNR No. DLNT 0300 1626 2023 Case No. 819/23 Under Section XXXVII CPC Date of Institution 01/08/2023 Date of reserving for orders 23/03/2024 Date of Final Order 27/04/2024 Final Order Suit decreed
1. Vide this judgment, I shall decide the summary suit under Order XXXVII CPC for recovery of Rs. 1,61,029.13/- alongwith pendente lite and future interest @ 18% per annum and costs of the suit.
2. The case of the Plaintiff as is discernible from the pleadings and the documents filed with the Plaint are, that the CS SCJ No. 819-23 M/s Akshit Plastics Vs. M/s Rajmani Traders Page 1 of 4 Defendant and the Plaintiff were known to each other for quite a long time by virture of the mutual business transactions of CPVC pipes and fitting goods etc. as per requirement of the Defendant, Plaintiff supplied the goods i.e. CPVC pipe and fitting goods to Defendant as per the requirement and demand raised by Defendant against various invoices during the period commencing from 28/12/2018 to 05/04/2019 and the same were delivered to Defendant. Goods worth the aggregate amount of Rs. 6,53,529.13/- were delivered. That thereafter despite much persuasion and despite repeated requests and demands, Defendant released an amount of Rs. 4,72,500/- in various installments till 05/01/2023 out of the total amount of Rs. 6,53,529.13/- and further assured that the remaining balance of Rs. 1,81,029.13/- will be paid shortly thereafter.
3. After passing of some more time, Plaintiff demanded payment of the balance amount from Defendant and the once again, Defendant extended false assurance to Plaintiff. However, thereafter he released a sum of Rs. 20,000/- in three different installments of Rs. 5,000/- paid by Paytm on 16/07/2023 i.e. after receiving Legal Notice, second istallment of Rs. 10,000/- paid on 31/07/2023 after the Defendant came to know about the filing the present recovery suit and third installment of Rs. 5,000/- paid by Paytm on 20/08/2023. However, the Defendant is still liable to pay the remaining amount of Rs. 1,61,029.13/- to the Plaintiff.
4. As reiterated in the foregoing paragraph, Plaintiff got Legal Notice served to Defendant through his Counsel on 09/06/2023 at the address of the Defendant through Speed Post CS SCJ No. 819-23 M/s Akshit Plastics Vs. M/s Rajmani Traders Page 2 of 4 but the notice was returned undelievered with the reason of insufficient address. However, Defendant was duly served with the Legal Notice on the same date thorugh WhatsApp sent by the Ld. Counsel for Plaintiff. After due delivery of the Legal Notice, Defendant released the sum of Rs. 20,000/- as stataed hereinabove. However, the balance amount of Rs. 1,61,029.13/- is still outstanding and payable by the Defendant. As the Defendant failed to clear the outstanding dues of Plaintiff, the Plaintiff was compelled to institute the instant suit for recovery of money.
5. Summons of the suit under Order XXXVII CPC in Form No. 4 in Appendix 'B' were sent to Defendant and the same were served upon him on 27/12/2023.
6. The Defendant did not put in appearance as per Order XXXVII rule 3 (1) within 10 days of receiving of summons or thereafter till date.
7. In view of the provision of Order XXXVII rule 2 (3) CPC, it is deemed that the Defendant has admitted the case of Plaintiff and in the considered opinion of this Court, the Plaintiff is entitled to decree as per law.
8. Further, the suit of the Plaintiff is based on invoices raised by the Plaintiff for the sale of goods to the Defendant. Hon'ble Delhi High Court in Flint Group India Pvt. Ltd. Vs. Good Morning India Media Pvt. Ltd., 2007 SCC Online Del 7894 and in Flick Studios Pvt. Ltd. Vs. Gravity Entertainment CS SCJ No. 819-23 M/s Akshit Plastics Vs. M/s Rajmani Traders Page 3 of 4 Pvt. Ltd., decided on 20/12/2021 has categorically held that a suit under Order XXXVII CPC is very much maintainable on the basis of invoices. Thus, the suit of the Plaintiff is maintainable as per law. Next, though, the Plaintiff has claimed interest @ 18% per annum, but in the considered opinion of this Court the interest @ 9% p.a. will be sufficient on the amount due from the date of institution of the suit till its realization from the Defendant, to meet the ends of justice.
9. In view of above said facts, circumstances and consideration the suit of Plaintiff is decreed and it is held that the plaintiff is entitled to recovery of Rs. 1,61,029.13/- alongwith 9% p.a. interest from the date of institution of the suit till its realization from the Defendant. It is ordered accordingly. The Plaintiff is also awarded with the costs of the suit.
10. Decree-Sheet be prepared accordingly by the Reader of the Court. Thereafter, Ahlmad is directed to consign the file to Record-Room after due compliance, as per rules. Announced in the open Court on this 27th day of April, 2024 (NEETI SURI MISHRA) SCJ-CUM-RC NORTH DISTRICT, ROHINI COURT, DELHI It is certified that this judgment contains 04 pages and every page is signed by me.
(NEETI SURI MISHRA) SCJ-CUM-RC NORTH DISTRICT, ROHINI COURT, DELHI CS SCJ No. 819-23 M/s Akshit Plastics Vs. M/s Rajmani Traders Page 4 of 4