Delhi District Court
Vertech Health Solutions Pvt. Ltd vs Gudugula Krishna on 10 December, 2025
IN THE COURT OF DR. SAEMA JAIN
JSCC-ASCJ-GUARDIAN JUDGE, EAST,
KARKARDOOMA COURTS, DELHI
CNR No. DLET030012042024
IN THE MATTER OF:
CS NO. 750/24
VERTECH HEALTH SOLUTIONS PVT. LTD.
Registered Office- Ground Floor, B 310,
G.D. Colony, Mayur Vihar Phase 3,
Delhi-110096
Corporate Office- 2nd & 3rd Floor,
A-90, Block A, Sector 80,
Noida, UP -201305 ......Plaintiff
Versus
GUDUGULA KRISHNA
Proprietor, Swathi Enterprises
1-14-201, Indra Nagar Colony,
Kamareddy, Telangana-503111 ......Defendant
SUIT FOR RECOVERY OF Rs.1,94,794/- ALONGWITH
INTEREST
Date of filing : 28.09.2024
Date of Institution : 01.10.2024
Date of judgment : 10.10.2025
Digitally
signed by
SAEMA
SAEMA JAIN
JAIN Date:
2025.12.10 Civ Suit 750/24 Vertech Health Solutions Pvt. Ltd. Vs. Gudugula Krishna Pg. No. 1/7
14:56:17
+0530
EX-PARTE JUDGMENT
1.This judgment shall dispose of the suit of the plaintiff, filed for the recovery of Rs.1,94,794/-.
PLAINT
2. The brief facts of the case, as per the plaint, are as follows:
(i) The plaintiff is a company duly registered under Companies Act, 1956 having its registered office at Ground Floor, B 310, G.D. Colony, Mayur Vihar Phase 3, Delhi-110096 and having its corporate office at 2nd & 3rd Floor, A-90, Block A, Sector 80, Noida, UP-201305 and is a wholesaler and dealer of medical and surgical instruments. The plaintiff Company holds an eminent reputation and goodwill in the medical and surgical world.
(ii) The defendant is the proprietor of the firm Swathi Enterprises situated at 1-14-201, Indra Nagar Colony, Kamareddy, Telengana-503111. The defendant approached the plaintiff for business and the plaintiff, considering the quantity of orders and the assurance given by the defendant of timely payments, agreed to enter into business transactions with him. It was decided that the defendant would make timely payments within 30 days of delivery against which invoices shall be raised by the plaintiff at the time of delivery. It was agreed that in case, the payments were not made in time, the defendant shall be liable to pay interest @ 18% per annum as per the agreed terms stated in the invoices.
Digitally signed by SAEMA SAEMA JAIN JAIN Date:
2025.12.10 Civ Suit 750/24 Vertech Health Solutions Pvt. Ltd. Vs. Gudugula Krishna Pg. No. 2/7 14:56:30 +0530
(iii) Since the defendant has regularly been raising orders and purchasing various medical and surgical instruments, the plaintiff company maintains a running account of the defendant.
(iv) The plaintiff issued the following invoices from its registered office against the purchase orders raised by the defendant:
S. No. Date Invoice No. Amount
1. 20/04/2023 VNTI-000196 Rs. 51,352/-
2. 25/04/2023 VNTI-000246 Rs. 22,512/-
3 15/05/2023 VNTI-000505 Rs. 34,608/-
4. 29/05/2023 VNTI-000628 Rs. 9,520/-
5. 15/06/2023 VNTI-000818 Rs. 19,152/-
6. 20/06/2023 VNTI-000876 Rs. 36,984/-
7. 26/06/2023 VNTI-000916 Rs. 72,800/-
8. 29/06/2023 VNTI-000960 Rs. 19,628/-
9. 30/06/2023 VNTI-000979 Rs. 30,685/-
10. 06/07/2023 VNTI-0001033 Rs. 33,779/-
11. 26/08/2023 VNTI-0001603 Rs. 84,960/-
12. 14/09/2023 VNTI-0001849 Rs. 1,48,593/-
13. 14/09/2023 VNTI-0001852 Rs. 3,100/-
14. 21/09/2023 VNTI-0001960 Rs. 1,09,200/-
15. 26/09/2023 VNTI-0002032 Rs. 33,210/-
16. 07/11/2023 VNTI-0002549 Rs. 94,040/-
Total Rs. 8,04,123/-
(v) The defendant only made part payments for the delivery of goods / equipments and the full payment was not made by him despite receiving the goods on time and no complaint having been made regarding any of the goods supplied.
(vi) Further, on repeated requests of the plaintiff, the defendant issued two cheques bearing no. 011921 dated 05.03.2024 in the sum of Rs. 66,955/- and cheque no. 011918 dated 02.03.2024 in the sum of Rs. 1,00,000/- both drawn on Union Bank, Digitally signed by SAEMA SAEMA JAIN JAIN Date:
2025.12.10 14:56:43 Civ Suit 750/24 Vertech Health Solutions Pvt. Ltd. Vs. Gudugula Krishna Pg. No. 3/7 +0530 Kamareddy Branch, Telangana for part discharge of his legal liability towards the plaintiff. Both these cheques were dishonoured upon presentation vide return memos dated 04.03.2024 and 06.03.2024 respectively with the remarks 'Funds Insufficient'.
(vii) Consequent upon the dishonourment of the cheques issued by the defendant, the plaintiff again contacted the defendant and requested him to clear his outstanding dues of Rs.1,94,794/-. However, the defendant failed to do so. Ultimately, left with no option, the plaintiff was constrained to file the present suit for recovery of Rs.1,94,794/- alongwith pendente lite and future interest @ 18% per annum.
3. Summons of the suit were duly served upon the defendant on 23.10.2024 by the process server and on 08.10.2024 through speed post. Despite the same, he neither entered his appearance nor filed WS. Therefore, his defence was struck off and he was proceeded ex-parte vide order dated 23.11.2024.
4. The matter was then listed for ex-parte PE. Sh. Sameer, AR of the plaintiff company stepped into the witness box and examined himself as PW1. In his testimony, PW1 tendered his evidence by way of affidavit Ex.PW1/1 in which he reiterated the contents of the plaint. PW1 also relied upon the following documents:
(i) Board resolution of plaintiff company authorising the deponent i.e. Ex.PW-1/A. Digitally signed by SAEMA SAEMA JAIN JAIN Date:
2025.12.10 14:56:54 Civ Suit 750/24 Vertech Health Solutions Pvt. Ltd. Vs. Gudugula Krishna Pg. No. 4/7 +0530
(ii) GST details of defendant i.e. Ex.PW-1/B (Colly. 4 pages).
(iii) Invoices i.e. Ex.PW-1/C (Colly. 28 pages).
(iv) Ledger from 01.04.2023 to 31.03.2025 i.e. Ex.PW-1/D (Colly. 2 pages).
(v) Cheques issued by defendant i.e. Ex.PW-1/E (Colly. 2 cheques).
(vi) Return memos received from the bank i.e. Ex.PW-1/F (Colly. 2 return memos).
(vii) Certificate u/s 63 of BSA, 2023 i.e. Ex.PW-1/G.
5. No other witnesses were examined by the plaintiff and PE stood closed. The matter was then listed for ex-parte final arguments.
6. Ex-parte final arguments were heard on behalf of the plaintiff. Record was perused.
7. During the arguments, ld. Counsel for the plaintiff adverted inter alia to invoices Ex.PW1/C and ledger account Ex.PW1/D to show that goods / equipments were supplied by the plaintiff company to the defendant and that the defendant is liable to pay Rs.1,94,794/- alongwith interest to the plaintiff. He further relied upon cheques i.e. Ex.PW1/E and return memos i.e. Ex.PW1/F to prove that the defendant issued the said cheques in discharge of part liability in favour of the plaintiff and that the said cheques were dishonoured upon presentation.
Digitally
signed by
SAEMA
SAEMA JAIN
JAIN Date:
2025.12.10
14:57:03
+0530
Civ Suit 750/24 Vertech Health Solutions Pvt. Ltd. Vs. Gudugula Krishna Pg. No. 5/7
8. The testimony of PW1 is unrebutted and uncontroverted. Further, the unrebutted testimony of PW1 and the documents present on record corroborate the version of the plaintiff. Furthermore, certificate u/s 63 BSA 2023, i.e. Ex. PW1/G has also been placed on record in support of the electronic evidence produced.
9. There is nothing on record to displace the testimony of PW1. Reference can be placed upon the judgment of Hon'ble High Court of Delhi in M/S Eco Lab I.M.C.N. v. Eco Labs Ltd. 2011 (185) DLT 664 wherein it was held that, "if the defendant has failed to cross-examine the plaintiff, the evidence of plaintiff is presumed to be correct. The unrebutted testimony of the plaintiff therefore stands proved".
10. The suit of the plaintiff is also well within limitation.
11. Further, the plaintiff has sought pre-litigation, pendente lite and future interest @ 18% per annum. However, this court finds no reason to allow such an exorbitant rate of interest. Keeping in mind the mandate of Section 34 CPC, the interest of justice would be served if the plaintiff is only granted pendente lite simple rate of interest @ 6% per annum and future interest @ 9% per annum.
RELIEF I. In view of the above consideration, the plaintiff is awarded Digitally signed by a decree of Rs. 1,94,794/- against defendant alongwith pendente SAEMA SAEMA JAIN JAIN Date:
2025.12.10 14:57:13 +0530 Civ Suit 750/24 Vertech Health Solutions Pvt. Ltd. Vs. Gudugula Krishna Pg. No. 6/7 simple rate of interest @ 6% per annum and future simple rate of interest @ 9% per annum till the actual realization of the amount.
II. The cost of the suit is also awarded in favour of the plaintiff and against the defendant.
Decree-sheet be prepared accordingly.
Announced in open court on this 10th December, 2025, this judgment consists of 07 pages.
Digitally (Dr. Saema Jain) signed by JSCC-cum-ASCJ-cum-Guardian Judge SAEMA SAEMA JAIN East/KKD Courts/Delhi JAIN Date: 10.12.2025 2025.12.10 14:57:24 +0530 Civ Suit 750/24 Vertech Health Solutions Pvt. Ltd. Vs. Gudugula Krishna Pg. No. 7/7