Delhi District Court
Montage Enterprises Pvt. Ltd vs Aks Food Products Sambhal on 6 November, 2025
IN THE COURT OF SHRI DEVENDER KUMAR, DISTRICT JUDGE
(COMMERCIAL COURT-01), EAST DISTRICT
KARKARDOOMA COURTS : DELHI
CS (Comm.) No. 116/2022
M/s Montage Enterprise Pvt. Ltd.
C-53, Shashi Garden, Mayur Vihar
Phase-1, New Delhi.
...... Plaintiff
Vs.
1.M/s AKS Food Product Muzhahidpur Saara Tareen District Sambhal Uttar Pradesh. ....Defendant No. 1 Through its Managing Partners
2. Mr. Vaibhav Arya Partners of M/s. AKS Food Product Muzhahidpur Saara Tareen District Sambhal Uttar Pradesh and its New Address:-
Mr. Vaibhav Arya D Tower 903, Lakshya School Behind G.D. Goenka School Lucknow Uttar Pradesh-426030 ...... Defendant No. 2 Date of Institution : 20.04.2022 Date of Arguments: 06.10.2025 Date of Judgment : 06.11.2025 Digitally signed by DEVENDRA DEVENDRA KUMAR CS (Comm) No. 116/2022 KUMAR Date:
Montage Enterprises Pvt. Ltd. Vs. AKS Food Product & Anr. 2025.11.06 1/5 16:41:58 +0530 EX-PARTE JUDGMENT
1. Vide this judgment, I shall dispose off this suit for recovery of Rs.
1,08,77,924/- along with future and pendent-lite interest @ 24% per annum and costs filed by the plaintiff and against the defendants. Brief facts of the case are as under:
2. Plaintiff is a private limited company incorporated under the Companies Act 1956 and is engaged in the business of manufacturing and supply of flexible packaging films and is being represented through its AR Shri Sanjay Kumar Singh, who is authorized to represent and institute this suit on behalf of the plaintiff through Board Resolution. It is further alleged that the defendant no. 1 is a partnership firm and defendant No. 2 is its partner, who are running a business of manufacturing of food products such as chips, snacks and namkeens etc., in the name and style of M/s AKS Food Products. It is further alleged that in the year 2015, the defendants approached to the plaintiff company for supply of flexible plastic Packaging Material-Laminate and negotiations were held in the office of the plaintiff at Mayur Vihar, Delhi. It is further alleged that the defendants assured the plaintiff to pay amount against supply of material in terms of purchase order/s and placed different purchase orders mentioned in Para 5 of the plaint. It is further alleged that the plaintiff supplied material of Rs.
4,97,47,897/- against invoices and the defendants have paid amount of Rs. 3,88,69,973/- thereby leaving behind due outstanding amount of Rs. 1,08,77,924/- as on 31.01.2019. It is further alleged that last payment of Rs. 2.5 Lakh was made by the defendants through RTGS on 14.09.2018.
Digitally
signed by
CS (Comm) No. 116/2022 DEVENDRA
Montage Enterprises Pvt. Ltd. Vs. AKS Food Product & Anr. DEVENDRA KUMAR 2/5 KUMAR Date:
2025.11.06 16:42:06 +0530 2.1. Plaintiff has further alleged that the plaintiff served a legal notice dated 07.02.2019 upon the defendants to make outstanding payment but the defendants failed to pay due amount despite service on 19.02.2019. It is further alleged that the plaintiff approached to DLSA for pre institution mediation before filing of this suit but the defendants failed to appear and matter returned as non-starter vide report dated 22.04.2019. Plaintiff has prayed for a decree of Rs. 1,08,77,924/- along with interest @ 24% per annum.
3. Defendant was initially served with summons and appeared before the court through Advocate on 26.11.2022. However, subsequently the plaintiff moved an application for amendment of the suit and the defendants could not be received and served only through publication in Newspaper "Rashtriya Sahara and "Times of India" dated 30.04.2025, but failed to appear and were proceeded ex-parte vide order dated 21.07.2025.
4. To prove case, the plaintiff has examined PW1 Sanjay Kumar Singh, who has deposed in verbatim of the plaint and has relied upon documents Ex. PW1/1 to Ex. PW1/5.
5. I have heard the arguments and perused the record. With the unrebutted testimony of PW1, the plaintiff has proved that PW1 is duly authorized representative of the defendants through Board Resolution Ex. PW1/1 and has proved institution of this case in terms of Order 29 Rule 1 of CPC.
Digitally signed by DEVENDRA CS (Comm) No. 116/2022 DEVENDRA KUMAR Montage Enterprises Pvt. Ltd. Vs. AKS Food Product & Anr. KUMAR Date: 3/5 2025.11.06 16:42:14 +0530
6. PW1 has further proved that the defendants engaged in the business of food products and approached to the plaintiff for supply of packaging material and the plaintiff supplied the material against different purchase orders Ex. PW1/2 (Colly.). It is further proved that the plaintiff-maintained regular ledger of the defendants in regular course of the business Ex. PW1/3. It is further proved that the plaintiff supplied total material of Rs. 4,97,47,897/-, whereas the defendants have paid amount of Rs. 3,88,69,973/- thereby leaving behind due outstanding amount of Rs. 1,08,77,924/-, as reflected in statement of account Ex. PW1/3. It is further proved that the plaintiff served a legal notice Ex.PW1/4 upon the defendants but still the defendants failed to pay outstanding amount and are liable to pay amount of Rs. 1,08,77,924/-. As such, the plaintiff is entitled for recovery of outstanding amount.
7. Plaintiff has filed this suit on the basis of running ledger account Ex. PW1/3, as per which, last payment was made on 14.09.2018 through RTGS and this suit ought to be filed by 14.09.2021. However, the period of limitation remain suspended during Covid period from 15.03.2020 to 28.02.2022 in view of judgment tilted In Re: Cognizance For Extension Of Limitation, Suo Motu Writ Petition (C) No.3 OF 2020. However, a period of 90 days was given to file all suits of which limitation had already been expired during covid period. In this case, the limitation to file suit was by 14.09.2021 and 90 days period after 28.02.2022 was upto 28.05.2022, whereas this suit has been filed on 20.04.2022. As such, this suit is within limitation.
Digitally signed by DEVENDRA CS (Comm) No. 116/2022 DEVENDRA KUMAR Montage Enterprises Pvt. Ltd. Vs. AKS Food Product & Anr. KUMAR Date: 4/5 2025.11.06 16:42:20 +0530
8. Plaintiff has charged an interest @ 24% per annum, whereas this rate of interest was never agreed between the parties in invoices Ex.PW1/2(colly), due to such rate of interest seems exorbitant. However, the defendants have deprived the plaintiff from legal dues, due to they are definitely liable to pay interest against due amount. Defendants are partnership firm and the partnership firm as well as partner are liable to pay suit amount.
9. Keeping in view the facts and circumstance of this case, I hereby pass a decree of suit amount of Rs. 1,08,77,924/- along with interest @ 9% per annum from due date from 31.01.2019 and till its realization along with cost of this suit. Decree-sheet be prepared accordingly. File be consigned to Record Room. Digitally signed by DEVENDRA KUMAR DEVENDRA Date:
KUMAR 2025.11.06
16:42:29
ANNOUNCED IN OPEN COURT +0530
ON 6th day of November, 2025
(DEVENDER KUMAR)
District Judge (Commercial Court-01) East District Karkardooma Courts, Delhi CS (Comm) No. 116/2022 Montage Enterprises Pvt. Ltd. Vs. AKS Food Product & Anr. 5/5