Delhi District Court
M/S Modi Infosol Pvt. Ltd vs M/S Aditya Peripherals Pvt Ltd on 11 January, 2024
IN THE COURT OF MS. NEELAM SINGH
DISTRICT JUDGE (COMMERCIAL)-02, SOUTH EAST
SAKET COURTS, NEW DELHI
CS (COMM)-871/2022
In the matter of
M/s Modi Infosol Pvt Ltd.
Through its Director
Having its Corporate Office at:
D-168, 2nd Floor, Okhla Industrial Area,
Phase-I, New Delhi-110020 ......Plaintiff
Versus
1. M/s Aditya Peripherals Pvt Ltd.
Through its Director
Regd. Office: Gate No.291/IB, NH-4,
Unchgaon Opp. Ford Showroom
Taluka Karveer, Kohlapur,
Maharashtra-416005
Also At:
Aditya House, Plot No.292,
E-Ward, Near Fire Station, Shastrinagar
Kohlapur-416005
2. Mr. Arun Managave
Director, M/s Aditya Peripherals Pvt Ltd.
Aditya House Plot No. 292,
E-Ward, Near Fire Station, Shastrinagar
Kohlapur-416005 .....Defendants
Date of Institution of suit : 30.08.2022
Date of Reserving of judgment : 11.01.2024
Date of Judgment : 11.01.2024
Final Decision : Decreed
JUDGMENT
1. The present suit has been filed by the plaintiff for recovery of an amount of Rs. 3,96,888/- (Rupees Three Lakhs Ninety Six CS (COMM)-871/2022 M/s Aditya Peripherals Pvt Ltd. Vs. M/s Aditya Peripherals Pvt Ltd. Page 1 of 6 Thousand Eight Hundred and Eighty Eight Only) along with pendentelite and future interest from the defendant. 2.1 Brief facts of the case are that the Plaintiff Company is a customer oriented technology IT solution Provider Company providing a range of IT products & Mobile Accessories and expert services to create competitive advantage for its consumers. Plaintiff Company also deals with the Software, PCs, Laptops/desktops, Servers, Printers, Multi-function Machines/Photo Copiers, Video projection system, Storage and networking products to develop customized IT Solution, mobile and mobile accessories for all sorts of customer needs and Sh. Shyam Sunder Modi, is duly authorized to contest the present suit on behalf of plaintiff.
2.2 That defendant no.2 is the CEO, founder and director of the defendant no.1 (Company) and is responsible for management of its day to day affairs. That the defendant no.2 on behalf of Defendant no.1 approached Plaintiff for supply for various computer goods on their respective agreed price list in the month of January 2015 on running account basis. That the Plaintiff company had made due and timely supply of all orders placed by defendants and which have been duly received by defendants and there is no complaint in that regard till date. 2.3 That the defendants purchased goods from the Plaintiff through various orders on running account basis, however, the defendants have defaulted in the payment for various invoices. That due to the neglect and malafide intention of the defendants in CS (COMM)-871/2022 M/s Aditya Peripherals Pvt Ltd. Vs. M/s Aditya Peripherals Pvt Ltd. Page 2 of 6 not paying the due amount for the goods received, a sum of Rs. 1,86,832/- (One Lac Eighty Thousand Eight Hundred Thirty Two Only) has become due and payable after the last payment in the running account of defendants on 31.03.2018. That interest from the date of default of various invoices till 25.05.2022 is Rs. 2,10,056/- (Rupees Two Lac Ten Thousand Fifty Six only) are also due and payable by the defendants. Thus, defendants are liable to pay a total sum of Rs. 3,96,888/- (Rupees Three Lac Ninety Six Thousand Eight Hundred Eighty Eight Only). That the Plaintiff served defendants various personal messages and also requested at various times for the payment of the due amount but everything went into vain. Hence, the present suit.
3. Perusal of the record reveals that summons of the suit were ordered to be issued upon the defendant on 30.08.2022 by Ld. Predecessor of this court. However, defendant was duly served through publication on 21.09.2023. But neither defendant appeared nor filed his WS within prescribed time period. Hence, on 28.11.2023 the defendant was proceeded exparte by this court. Thereafter, the suit was fixed for ex-parte evidence. Plaintiff in order to substantiate its claim has filed ex-parte evidence by way of affidavit and examined Sh. Shyam Sunder as PW-1 who tendered his evidence by way of affidavit Ex.PW1/A and relied upon the following documents:-
1. Original board resolution is now Ex.PW1/1.
2. Copy of invoices are now Ex.PW1/2 (colly).
3. Copy of ledger account is now Ex.PW1/3 (colly).CS (COMM)-871/2022 M/s Aditya Peripherals Pvt Ltd. Vs. M/s Aditya Peripherals Pvt Ltd. Page 3 of 6
4. Certificate under section 65B Indian Evidence Act is now Ex.PW1/4.
5. Copy of legal notice dated 26.05.2022 alongwith receipts are now Ex.PW1/5 (Colly).
4. In order to adjudicate upon the suit, I have heard Ld. Counsel for plaintiff. During the hearing, Ld. Counsel for plaintiff had submitted that the case of the plaintiff stands duly proved by virtue of the unchallenged testimony of AR of Plaintiff Sh. Shyam Sunder and therefore, plaintiff should be granted the decree, as prayed for.
5. After perusing the record of the Court file and considering the submissions of Ld. Counsel for Plaintiff, I find that the suit of the Plaintiff has been filed on 30.08.2022 and is within the prescribed period of limitation. Further, I find that this Court has the territorial jurisdiction to try and adjudicate the present suit as plaintiff has its corporate office at Okhla Industrial Area, Phase-I, New Delhi and cause of action has arisen within the territorial jurisdiction of this court. I have fortified my view with the judgment of Hon'ble Delhi High Court in 'Auto Movers Vs. Luminous Power Technologies Pvt. Ltd., (2021) SCC Online Delhi 4387.
6.1 PW-1 has categorically deposed that the Plaintiff company had made due and timely supply of all orders placed by defendants and which have been duly received by defendants and there is no complaint in that regard till date. That the defendants purchased goods from the Plaintiff through various orders on running account basis, however, the defendants have defaulted in the CS (COMM)-871/2022 M/s Aditya Peripherals Pvt Ltd. Vs. M/s Aditya Peripherals Pvt Ltd. Page 4 of 6 payment for various invoices. That due to the neglect and malafide intention of the defendants in not paying the due amount for the goods received, a sum of Rs. 1,86,832/- (One Lac Eighty Thousand Eight Hundred Thirty Two Only) has become due and payable after the last payment in the running account of defendants on 31.03.2018. That interest from the date of default of various invoices till 25.05.2022 is Rs. 2,10,056/- (Rupees Two Lac Ten Thousand Fifty Six only) are also due and payable by the defendants.
6.2 Thus, defendants are liable to pay a total sum of Rs. 3,96,888/- (Rupees Three Lac Ninety Six Thousand Eight Hundred Eighty Eight Only). That the Plaintiff served defendants various personal messages and also requested at various times for the payment of the due amount but everything went into vain. The testimony of PW-1 has gone unrebuttal and uncontroverted without any challenge as Defendants have chosen not to appear or contest the suit. As far as liability of Defendants are concerned the same stands proved in view of the unrebuttal testimony of the PW-
1.
7. As regards the rate of interest claimed by the Plaintiff is concerned, I am of the considered opinion that as per the Judgment of Hon'ble Supreme Court in Central Bank of India Vs. Ravindra AIR 2001, Supreme Court 3095, the grant of pendente- lite and future interest is a subject matter of the discretion of the Court and not to be governed by the agreement between the parties. Accordingly in exercise of the discretionary power of this Court, I have granted pendente-lite and future interest at the rate of CS (COMM)-871/2022 M/s Aditya Peripherals Pvt Ltd. Vs. M/s Aditya Peripherals Pvt Ltd. Page 5 of 6 6% p.a. to the Plaintiff because Section 34 of CPC, 1908 as well as the provisions of the Interest Act, 1978, contemplate grant of interest at the rate of 6% per annum and because in the past decade, the nationalized banks have also granted interest at the rate of 5-6% per annum, on terms deposits.
8. Thus, as a net result of the aforesaid, the suit of the Plaintiff is decreed for an amount of Rs. 3,96,888/- (Rupees Three Lakhs Ninety Six Thousand Eight Hundred and Eighty Eight Only) along with the interest pendente-lite and future interest @ 6% p.a. till its realization. The Suit of the Plaintiff is decreed accordingly. Decree sheet be drawn and file be consigned to Record Room.
Announced & dictated
in the open Court on
11th day of January, 2024 (NEELAM SINGH)
District Judge
(Commercial Court-02)
South-East, Saket Courts, ND
11.01.2024
CS (COMM)-871/2022 M/s Aditya Peripherals Pvt Ltd. Vs. M/s Aditya Peripherals Pvt Ltd. Page 6 of 6
13CS (COMM)871/22M/S MODI INFOSOL PVT. LTD. Vs. M/S ADITYA PERIPHERALSPVT LTD 11.01.2024 Present: Mr. Mohammad Imran, Ld. Counsel for plaintiff.
Defendant is already exparte.
PW-1 tendered his evidence by way of affidavit. Vide separate statement of AR for plaintiff, PE stands closed.
Exparte final arguments heard.
Vide separate judgment announced in the open court, the suit of the plaintiff is decreed.
File be consigned to record room after due compliance.
(NEELAM SINGH) District Judge (Commercial Court-02) South-East, Saket Courts, ND 11.01.2024 jm CS (COMM)-871/2022 M/s Aditya Peripherals Pvt Ltd. Vs. M/s Aditya Peripherals Pvt Ltd. Page 7 of 6