Delhi District Court
Iris Computers Ltd vs . Divyesh Prafullbhai Kanani on 28 July, 2020
IN THE COURT OF Ms. SUNENA SHARMA
Addl. Distt Judge - 04
PATIALA HOUSE COURTS: NEW DELHI
CS No.294 of 2017
Date of Institution : 08.03.2017
Arguments concluded : 25.07.2020
Date of decision : 28.07.2020
Iris Computers Ltd.
Having its registered office at :
A-155, Road No. 4,
Mahipalpur Extension
New Delhi- 110057. ............. Plaintif
VERSUS
Divyesh Prafullbhai Kanani
Proprietor M-/s Patel Mobile
Shop n. 5, Vatika Apartment,
Limda Lane, Jamnagar, Gujarat- 361001
Also At :-
202, Vedmata Apartment
Opp. Anand Baug, Patel Colony
Jamnagar- 361008
(Defendant is ex-parte vide order dated 16.09.2019)
............... Defendant
J U D G M E N T (Ex-parte)
1. Vide this judgment, I shall decide the suit filed by the plaintif against the defendant for seeking recovery of sum of Rs.4,90,781/- (Rupees Four Lakh Ninety Thousand Seven Hundred Eighty One Only) alongwith future and pendentelite interest @ 24 % per annum.
2. Briefly stated the facts of plaintif's case are that the plaintif is a company registered under the Companies Act having its registered office at Mahipalpur Extension, New Delhi. Mr. R. Sundaresan and Mr. Rakesh Bihal who are the officials of plaintif company, have been duly authorized to file the present suit. Defendant is residing and doing its business at Jamnagar, CS No.294 of 2017 Iris Computers Ltd vs. Divyesh Prafullbhai Kanani Page No. 1 Gujarat through his proprietary concern in the name and style of M/s Patel Mobile and defendant is incharge of day to day business and financial business of its company. On the assurance of the defendant regarding payment of dues on time and payment of interest @ 2 % per month on delayed payments, plaintif sold products to his concern against the orders placed by defendant. The orders placed by defendant were processed by the plaintif to defendant's satisfaction against the respective tax invoices. The material was supplied to the defendant by plaintif against the following invoices.
Invoice No. Date Amount Amount
payable (Rs.) outstanding
(Rs.)
W201-21-1421-018 06.12.2014 4,19,460/- 22,721/-
W201-21-1421-109 18.12.2014 3,04,620/- 3,04,620/-
W201-21-1501-055 12.01.2015. 1,63,440 1,63,440/-
Grand Total 8,87,520/- 4,90,781/-
As per the plaintif's ledger a sum of Rs. 4,90,781/- is outstanding against the defendant against the abovementioned invoices. On various verbal and written requests of plaintif, defendant assured to pay the outstanding amount but despite assurances defendant failed to pay the same. Thereafter, plaintif issued a legal demand notice dated 25.07.2016 thereby calling upon the defendant to make the payment of outstanding dues but in vain. It is further stated that the outstanding liability of the defendant as on the date of filing is to the tune of Rs.4,90,781/- payable alognwith pendentilite and future interest at the contractual rate of 24 % per annum.
3. As per the plaint the cause of action for filing the present suit arose on diferent dates during the period w.e.f December, 2014 till Jan 2016 when the goods were sold to the defendant against aforementioned invoices. It further arose on each occasion when defendant made part payment CS No.294 of 2017 Iris Computers Ltd vs. Divyesh Prafullbhai Kanani Page No. 2 against aforementioned purchases and further on 25.07.2016 when a legal notice of demand was issued upon the defendant by the plaintif and further when defendant verbally assured the plaintif to pay back the outstanding amount.
4. As regard the territorial jurisdiction of the court, the plaint mentions that defendant has approached the plaintif at his registered office in Delhi and pursuant to the purchase order placed by the defendant, the material was sold out by the plaintif to the defendant and the same was received and processed at the registered office of the plaintif in Delhi. It is further stated that all the payment were made and were to be made by the defendant at plaintif's office at Delhi and considering the fact that a substantial part of cause of action leading to filing of present suit has arisen in Delhi therefore, this court does have the territorial jurisdiction to entertain and decide the present suit. As per record, the plaintif also filed ad-valorum court of 7,200/- on the suit amount of Rs.4,90,781/-,thus bringing the suit within the pecuniary jurisdiction of this court.
5. As per record defendant was served through publication in the newspaper 'Ahmadabad Mirror' dated 11.04.2019 and 'Gujarat Samachar' dated 11.04.2019 but despite service through substituted means, defendant failed to appear in the matter and was consequently proceeded ex-parte vide order dated 16.09.2019.
6. In order to prove its case, plaintif examined only one witness Sh. R.Sudarshan, General Manager-Legal and HR of the plaintif company as PW-
1. PW-1 filed his examination in chief by affidavit Ex.PW1/A wherein he has deposed more or less on the lines of averments contained in the plaint and relied upon document i.e. Board Resolution of the plaintif company as Ex. PW1/A vide which he was authorized to institute the suit and to represent the plaintif company and to further file affidavit and pleading on behalf of the plaintif.
CS No.294 of 2017Iris Computers Ltd vs. Divyesh Prafullbhai Kanani Page No. 3
7. I have heard arguments from plaintif's side through video conferencing and perused the records. I have also gone the written arguments filed by counsel for plaintif through e-filing.
8. Before embarking upon the facts of the case, let us recapitulate the evidence of plaintif in this case. PW1, Sh. R.Sudarshan, who is General Manager-legal and HR, filed his affidavit in evidence relied upon various document such as:
Sl No. Documents Exhibited
1 Board Resolution dated 25.07.2014 Ex. PW1/1
2 Plaint dated 06.03.2017 of the present Ex. PW1/2
suit
3 Invoice no. W201-21-1421-018 dated Ex. PW1/3 to Ex. PW1/5
06.12.2014; W201-21-1421-109 dated respectively 18.12.2014 and W201-21-1501-055 dated 12.01.2015 4 Statement of Ledger Account for the Ex. PW1/6 period w.e.f. 01.12.2014 till 11.07.2016 5 Affidavit u/s 65 B of Indian EvidenceEx.PW1/7 Act.
6 Copy of the notice, postal receipts Ex.and PW1/8(colly) tracking report In the evidentiary affidavits, PW1 has reiterated the contents of the plaint on oath and reaffirmed the averments thereof, which are not repeated herein for sake of brevity.
9. It is well settled proposition of law by numerous dictum of the Hon'ble Apex Court that plaintif has to prove his case on merits even in ex- parte cases. Unchallenged and uncontroverted testimony has to be sifted to check the claim of plaintif and relief prayed for against the defendant, who preferred not to join the proceedings.
CS No.294 of 2017Iris Computers Ltd vs. Divyesh Prafullbhai Kanani Page No. 4
10. PW1 has categorically deposed on the lines of averments made in the plaint regarding liability of the defendant to pay the suit amount. Both ocular and documentary evidence adduced on record has gone unrebutted and uncontroverted without any challenge as defendant has chosen not to appear or contest the suit even after due service.
11. For establishing alleged liability of defendant to pay the suit amount, plaintif has proved on record all the three invoices and the statement of account showing the outstanding balance of Rs.4,90,781/- as on 25.06.2016. The requisite certificate in support of electronic record has also been placed by PW1 as Ex.PW1/7. There is no challenge to testimony of PW-1 as he was neither cross-examined nor any evidence in rebuttal is there on record, as defendant remained ex-parte throughout the proceedings. The claim of plaintif is within limitation from the date of raising of all the three invoices in respect of which the alleged amount is stated to be outstanding.
12. In view of above, the liability of the defendant to pay the suit amount stands proved by preponderance of probability. Plaintif has also claimed interest at contractual rate @ 24 % per annum. However, considering the fact that the said contractual rate of interest is very exorbitant, I am not inclined to award interest at said rate. Keeping into account the facts and circumstances of the case suit is however decreed for suit amount with pendentelite interest @12% per annum and future interest @ 6% per annum.
13. In view of above, suit of the plaintif is hereby decreed for the sum of Rs.4,90,781/- (Rupees Four Lakh Ninety Thousand Seven Hundred Eighty One Only) with 12% pendentlite and 6% future interest thereon alongwith costs of the suit.
CS No.294 of 2017Iris Computers Ltd vs. Divyesh Prafullbhai Kanani Page No. 5
14. Decree sheet be drawn accordingly. File be consigned to Record Room.
(Sunena Sharma) Addl. Distt Judge-04 Judge Code : DL00222 Patiala House Courts : New Delhi Announced on 28th July,2020 CS No.294 of 2017 Iris Computers Ltd vs. Divyesh Prafullbhai Kanani Page No. 6