Delhi District Court
M/S Shop Interior Llp vs . M/S Shirdi Infratech Pvt. Ltd. on 4 May, 2023
IN THE COURT OF MS. CHITRANSHI ARORA , CIVIL
JUDGE-02, SOUTH-EAST DISTRICT, SAKET COURTS,
NEW DELHI.
CS SCJ 1366/20
M/s Shop Interior LLP Vs. M/s Shirdi Infratech Pvt. Ltd.
In the matter of:-
M/s Shop Interior LLP
915, FF Block-9, Kalkaji Extension,
New Delhi-110019
Through its Authorized Representative
Sh. Ajay Kumar Roy ................Plaintiff
Vs.
M/s Shirdi Infratech Pvt. Ltd.
B-12/7, Site-B,
Surajpur Industrial Area,
Greater Noida,
G. B. Nagar, Gautam Budh Nagar,
Uttar Pradesh-201310
Through its Directors
Sh. Pramod Upadhyay &
Tiwari Sunil Kumar .............Defendant
SUIT FOR RECOVERY
Date of institution of the suit : 21.12.2020
Judgment reserved on : 04.05.2023
Date of judgment : 04.05.2023
JUDGMENT
1. Vide this judgment, I shall decide the present suit for recovery of Rs.2,25,000/- (Rupees Two Lacs Twenty Five Thousand Only) along with interest, filed by the plaintiff against the defendant.
Digitally signed byCHITRANSHI CHITRANSHI CS SCJ 1366/20 M/s Shop Interior LLP Vs. M/s Shirdi Infratech Pvt. Ltd. page no. 1 of ARORA 6 ARORA Date: 2023.05.04 16:39:22 +0530 BRIEF FACTS AS PER THE PLAINT: -
2. Plaintiff is a partnership firm having its registered office at Kalkaji, as mentioned in memo of parties.
3. Defendant, through its directors approached the partners of the plaintiff firm for supply of ply board /goods. The plaintiff firm supplied the demanded goods to defendant against which the plaintiff firm raised invoices. As per the account statement maintained by plaintiff firm towards the supply of said goods to defendant, there is an outstanding balance of Rs.1,90,163/- payable by the defendant since 31.08.2018.
4. Despite repeated demands of the plaintiff, the defendant kept delaying the matter on one pretext or the other and did not clear the outstanding dues.
5. Plaintiff sent a legal notice dated 18.09.2020 to the defendant demanding payment along with interest. However, despite receipt of legal notice, the defendant failed and neglected to clear the said outstanding dues of plaintiff firm. The defendant is also liable to pay interest at the rate of 18% per annum from 31.08.2018 to 18.08.2020 amounting to Rs. 34,837/-. Therefore the total outstanding amount due to be paid by the defendant is Rs. 2,25,000/-
6. In the background of these facts, the plaintiff has filed the instant suit for recovery. Digitally signed by CHITRANSHI CHITRANSHI ARORA ARORA Date:
CS SCJ 1366/20 M/s Shop Interior LLP Vs. M/s Shirdi Infratech Pvt. Ltd. page no. 2 of 6 2023.05.04 16:39:37 +0530 SUMMONS: -
7. The present suit was filed by the plaintiff on 21.12.2020 and summons of the suit was issued to the defendant. Summons sent through registered AD to the defendant was received back with the report of 'refusal' on 09.02.2021. However, as a matter of abundant caution summons was ordered to be issued again. The defendant was served through registered AD on 27.11.2021. Despite service, neither did the defendant appear nor filed the written statement. Vide order dated 28.04.2022, the defendant was proceeded against ex-parte.
PLAINTIFF'S EVIDENCE:-
8. In ex-parte evidence, Sh. Mukesh Tahiliani, the Authorized Representative (AR) of the plaintiff deposed as PW-1, vide affidavit of evidence exhibited as Ex.PW1/A bearing his signature at point A and B, wherein he reiterated the contents of the plaint. For the sake of brevity and to avoid repetition, the contents are not being reproduced here. The AR of plaintiff relied upon the following documents- i.e. S. No. Documents Exhibits 1 Authority letter and Ex. PW-1/1 Special Power of (OSR) Attorney (colly) (running in three pages) Digitally signed CHITRANSHI by CHITRANSHI ARORA CS SCJ 1366/20 M/s Shop Interior LLP Vs. M/s Shirdi Infratech Pvt.
ARORALtd. page no. 3 of Date: 6 2023.05.04 16:39:42 +0530 2 Invoices Ex. PW-1/2 (colly) (running two pages) 3 Account Statement Ex. PW-1/3 4 Legal notice, speed post Ex. PW-1/4 receipt along with proof (colly) of delivery (running into five pages) 5 Certificate under Sec. 65 Ex. PW-1/5 B of Indian Evidence Act
9. Thereafter, the Authorised Representative (AR) of plaintiff tendered additional evidence by way of affidavit exhibited as Ex.PW1/E bearing his signature at point A and B. The AR of plaintiff relied upon the following documents:-
S. No. Documents Exhibits
1. Certified copy of the Ex. PW-1/B
ledger account
2. Invoices Ex. PW-1/C
(colly) (3
pages)
3. Certificate under Sec. 65 Ex. PW-1/D B of Indian Evidence Act
10. Vide separate statement of AR of the plaintiff dated 04.05.2023, the plaintiff evidence was closed. This is the entire evidence adduced in this matter.
FINAL ARGUMENTS:-
11. Final arguments were advanced by the Ld. counsel Digitally signed by CHITRANSHI CS SCJ 1366/20 M/s Shop Interior LLP Vs. M/s Shirdi Infratech CHITRANSHI Pvt. Ltd. page no. 4ARORA of 6 ARORA Date: 2023.05.04 16:39:46 +0530 for the plaintiff. I have heard the submissions advanced by him. I have also perused the entire case record meticulously.
FINDINGS: -
12. From the perusal of the plaint and documents filed by the plaintiff, it transpires that the plaintiff had supplied goods to the defendant against which, it had raised invoices. The invoice dated 06.03.2018 for an amount of Rs.88,137/-, invoice dated 02.05.2018 for an amount of Rs.1,21,217/- are exhibited as Ex. PW-1/2(colly) and invoice dated 21.02.2018 for an amount of Rs. 1,62,485/-
is exhibited as Ex. PW-1/C. The plaintiff has asserted that the defendant has not made the complete payment against these invoices and an amount of Rs. 1,90,163/- is still due to be paid by the defendant.
13. Perusal of the ledger account exhibited as Ex. PW-
1/B supported by certificate under Sec. 65 B of the Indian Evidence Act exhibited as Ex. PW-1/D shows that the principal amount of Rs.1,90,163/- claimed by the plaintiff is due to be paid by the defendant. Ex. PW1/4 (colly) also shows that the legal notice was sent to the defendant by the plaintiff to make the payment of the outstanding amount.
14. It is pertinent to note that the defendant has not filed his reply to controvert the allegations and evidence adduced by the plaintiff. There is no reason to disbelieve Digitally signed by CS SCJ 1366/20 M/s Shop Interior LLP Vs. M/s Shirdi Infratech Pvt. Ltd. page no. 5 of 6 CHITRANSHI CHITRANSHI ARORA ARORA Date:
2023.05.04 16:39:50 +0530 the testimony of PW-1.
15. The plaintiff has also claimed interest at the rate 18% per annum from 31.08.2018 to 18.08.2020. However, there is no written document to show that the parties had agreed that interest at the rate of 18% per annum shall be chargeable in case of default in payment. Therefore, I am not inclined to grant the same.
16. In view of the unrebutted testimony of PW-1, various documents placed on record and in absence of any evidence to the contrary, I am of the considered opinion that the plaintiff has partly proved its case and is entitled to recover Rs.1,90,163/- (Rupees One Lac Ninety Thousand One Hundred and Sixty Three Only) along with interest at the rate of 9 % per annum from the date of institution of the suit till the date of decree and interest at the rate of 6% per annum from the date of decree till the date of realization, from the defendant.
17. Cost of the suit is awarded to plaintiff.
18. Decree sheet be prepared accordingly.
19. File be consigned to record room after due Digitally signed compliance. CHITRANSHI by CHITRANSHI ARORA ARORA Date: 2023.05.04 16:39:54 +0530 Pronounced in the open court (Chitranshi Arora) Today on 04.05.2023 CJ-02, South-East, Saket Court, ND CS SCJ 1366/20 M/s Shop Interior LLP Vs. M/s Shirdi Infratech Pvt. Ltd. page no. 6 of 6