Delhi District Court
Jagriti Plastics Ltd vs Sanjay Jain on 11 September, 2025
IN THE COURT OF SHRI ANUJ KUMAR SINGH
SCJ-CUM-RC, NORTH -WEST DISTRICT,
ROHINI COURTS, DELHI
Suit No. 1264/2023
CNR No. DLNW03-002634-2023
In the matter of :
M/S JAGRITI PLASTICS LTD.
through its Authorized Representative
Shri Nutan Kumar Vashisht
405, Fourth Floor, B-1, Pearls Omaxe Tower-1,
Netaji Subhash Place, Pitampura,
Delhi-110034.
......Plaintiff
Versus
SANJAY JAIN
Proprietor of
M/s Paras Poly N Print,
K-120, DSIIDC, K Block,
Sector-2, Bawana Ind. Area
Bawana, Delhi-110039. ......Defendant
Date of institution : 20.09.2023
Reserved for Judgment : 19.08.2025
Date of decision : 11.09.2025
SUIT FOR RECOVERY
JUDGMENT (EX-PARTE)
1. This is a suit for recovery of Rs.2,49,735/- (Rupees Two Lakh Forty Nine Thousand Seven Hundred Thirty Five Only) along with pendentelite and future interest @ 9% per annum from the date of suit till realization along with cost.
CS SCJ No. 1264/2023 Jagriti Plastics Ltd v. Sanjay Jain 1 of 5
2. The brief facts of the case of the plaintiff as averred in the plaint are that the plaintiff is a limited company incorporated under Companies Act, 2013 deals in distribution and wholesaling of P.U. chemicals and plastic granules and Shri Nutan Kumar Vashisht is its duly authorized representative. It is stated that the defendant is the manufacturer of footwears and in the month of December 2018, the defendant approached the plaintiff in order to purchase industrial solvent at whole sale price on credit basis the defendant entered into several transactions with the plaintiff company. It is stated that since 18.09.2021, the defendant had failed to liquidate his financial liability of Rs. 2,49,735/- including contractual interest @ 9% p.a. till date despite various demands/reminders made time to time on the part of the plaintiff company. It is stated that on 05.04.2023, the plaintiff company issued a legal cum demand notice through its advocate and the same was sent by speed post, but the defendant neither replied nor complied with the mandate of the said legal cum demand notice. Hence, the present suit.
3. Upon service of summons, the counsel for the defendant appeared before the Court on 18.03.2024 and sought time to file written statement, however despite numerous opportunity the defendant failed to file written statement and accordingly, vide order dated 27.01.2025, right to file written statement was closed and the defendant was proceeded ex-parte and the plaintiff was directed to bring ex-parte evidence.
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4. The plaintiff examined himself as PW1 who in his evidence by way of affidavit Ex.PW-1/A has reiterated and reaffirmed the averments made in the plaint. He has relied upon the following documents :
1. Ex.PW-1/1 is copy of master data, downloaded from the official website of MCA, Govt. of India.
2. Ex.PW-1/2 is Original Board resolution dated 29.08.2023.
3. Ex.PW-1/3 is Data downloaded from the GST portal reflecting deponent being Ltd. company.
4. Ex.PW-1/4 is Data downloaded from the GST portal reflecting Defendant being proprietor of M/s Garg International.
5. Ex.PW-1/5 is Copy of the statement of account(Colly.)
6. Ex.PW-1/6 is Copies of all bills/invoices (Colly.)
7. Ex.PW-1/7 is Copy of legal notice dated 05.04.2023.
8. Ex.PW-1/8 is Original India post receipt along with tracking report(Colly.)
9. Ex.PW-1/9 is Certificate under Section 65B of Indian Evidence Act in the form of affidavit.
5. I have heard the plaintiff and perused the material available on record carefully.
6. PW-1 has proved on oath the allegations against the defendant and the evidence produced by the plaintiff goes on unchallenged and un-rebutted. Copy of master data, downloaded from the official website of MCA Govt. of India is Ex.PW-1/1, Original Board resolution dated 29.08.2023 is Ex.PW-1/2, Data CS SCJ No. 1264/2023 Jagriti Plastics Ltd v. Sanjay Jain 3 of 5 downloaded from the GST portal reflecting deponent being Ltd. company is Ex.PW-1/3, Data downloaded from the GST portal reflecting Defendant being proprietor of M/s Garg International is Ex.PW-1/4, Copy of the statement of account are Ex.PW-1/5 (colly), Copies of all bills/invoices are Ex.PW-1/6 (Colly.), Copy of legal notice dated 05.04.2023 is Ex.PW-1/7, Original India post receipt along with tracking report is Ex.PW-1/8, (Colly.) and Certificate under Section 65B of Indian Evidence Act in the form of affidavit is Ex.PW-1/9. There is no reason to disbelief the unrebutted testimony of PW1 and the documents relied upon him. These documents coupled with testimony of the plaintiff prove the case of the plaintiff.
7. The copies of invoices (Ex.PW1/6) (colly.) issued by the plaintiff in the name of defendant are dated 17.09.2021 and 07.10.2021 and the present suit has been instituted on 20.09.2023, hence the present suit is within limitation.
Relief
8. In view of the reasons given above and uncontroverted evidence brought on record, the suit of the plaintiff is decreed and followings reliefs are granted in his favour and against the defendant:-
i. Decree for a sum of Rs.2,49,735/- (Rupees Two Lakh Forty Nine Thousand Seven Hundred Thirty Five Only) CS SCJ No. 1264/2023 Jagriti Plastics Ltd v. Sanjay Jain 4 of 5 ii. Seeing the prevalent market condition, pendente lite and future interest at the rate of Rs.8% per annum is also awarded in favour of the plaintiff from the date of filing of the suit i.e. 20.09.2023 till the realization of the amount.
iii. Cost of the suit
9. Decree sheet be prepared accordingly. File be consigned to Record Room after due compliance.
Announced in the Open Court ANUJ Digitally signed by ANUJ KUMAR SINGH KUMAR Date: 2025.09.12 SINGH 14:25:04 on 11.09.2025 +0530 (Anuj Kumar Singh)
Senior Civil Judge-cum-Rent Controller, North West District : Rohini Courts : Delhi CS SCJ No. 1264/2023 Jagriti Plastics Ltd v. Sanjay Jain 5 of 5