Delhi District Court
M/S Royale Industries vs M/S Apco Industries Limited on 20 September, 2018
IN THE COURT OF SH. MANISH GUPTA,
ADJ04, NORTHWEST, ROHINI COURTS, DELHI.
CS No. 577400/16
M/s Royale Industries,
Through its Proprietor,
502, Aggarwal City PlazaI,
Cyber Plaza, Netaji Subhash Place,
Pitampura, Delhi. ................. Plaintiff
Versus
M/s APCO Industries Limited,
Through its Director (s),
Ground Floor, IT Tower No. 4,
Infocity, Airport Road,
Gandhi Nagar382009,
Gujarat, India.
Also at,
Plot No. 1967 & 68,
Village Vamaj,
District Mehsana,
Gujarat384001. ................. Defendant
Date of filing of the suit: 14.12.2015
Date of Judgment : 20.09.2018
20.09.2018
EXPARTE JUDGEMENT
1.This is a suit for recovery of Rs. 5,28,000/ (Rupees Five Lacs Twenty Eight Thousand only) with interest. In brief relevant CS No. 577400/16 Page No. 1/4 M/s Royale Industries V/s M/s APCO Industries Limited. facts of the case as mentioned in the plaint are that the plaintiff is a proprietorship firm and Sh. Neeraj Aggarwal is the proprietor. The plaintiff firm is engaged in the business of import/ supply of polymers. The defendant is a limited company and the defendant company approached the plaintiff firm for supply of PVC Resin and after negotiations the plaintiff agreed to supply the said material to the defendant. Defendant company placed order for supply of goods and the plaintiff firm supplied the goods accordingly against retail invoices.
2. It is further mentioned that the defendant company initially made part payment but subsequently stopped making payments. It is further mentioned that as per the books of account maintained by the plaintiff in regular course of business, a sum of Rs. 5,28,000/ is due and payable by the defendant company. It is also mentioned that legal demand notice dated 09.05.2015 was sent to the defendant by the plaintiff thereby calling upon the defendant to remit the amount of Rs. 5,28,000/ alongwith interest and ultimately the present suit has been filed since the defendant failed to make the payment.
3. The defendant was served through publication in the Newspaper Times of India, Ahmdabad Edition and since the defendant failed to appear after service, therefore, defendant was CS No. 577400/16 Page No. 2/4 M/s Royale Industries V/s M/s APCO Industries Limited. proceeded with exparte vide order dated 22.08.2017. The plaintiff has examined one witness i.e. PW1 Sh. Neeraj Aggarwal in this case who has filed his evidence by way of affidavit which is Ex. PW1/A.
4. I have already heard exparte final arguments and perused the record. PW1 has relied upon some documents which are Mark A & mark B and also Ex. PW1/3 to Ex. PW1/5. There is no document Ex. PW1/1 & Ex. PW1/2 and instead the same are marked as Mark A and Mark B respectively. Mark A is the photocopy of one certificate of ImporterExporter Code which is importexport license of the plaintiff firm. Mark B is the copy of invoice dated 29.11.2013 for a total sum of Rs. 4,47,947/. The name of Supplier is Royale Industries and the name of Buyer is APCO Industries Ltd. as per the said document. A copy of custom duty challan is Ex. PW1/3 which is dated 28.11.2013. The name of importer mentioned in it is M/s APCO Industries Limited. The copy of ledger account is Ex. PW1/4 and copy of legal demand notice dated 09.05.2015 is Ex. PW1/5 which is addressed to defendant. The closing balance as per ledger account is a sum of Rs. 5,28,000/.
5. The testimony of the PW1 remains unchallenged and unrebutted. The present suit is within limitation. The plaintiff has CS No. 577400/16 Page No. 3/4 M/s Royale Industries V/s M/s APCO Industries Limited. proved its case. There is nothing on record to disbelieve the testimony of the plaintiff witness. Hence, the plaintiff is entitled for decree in its favour and against the defendant. Accordingly, the present suit is hereby decreed in favour of the plaintiff and against the defendant and the following reliefs are hereby awarded:
(i) Sum of Rs. 5,28,000/ (Rupees Five Lacs Twenty Eight Thousand only) as principal amount.
(ii) Simple interest @ 8% per annum on the principal amount from the date of filing of the suit till realisation. In my considered opinion, the said rate of interest shall meet both the ends of justice.
(iii) Costs of suit.
6. Decree sheet be prepared accordingly.
7. File be consigned to record room after completing the necessary formalities.
MANISH Digitally signed by MANISH
GUPTA
GUPTA Date: 2018.09.20 16:40:37
+0530
Passed & announced in (Manish Gupta)
the open court today. ADJ04(NW)/Rohini Courts
Delhi/20.09.2018.
CS No. 577400/16 Page No. 4/4
M/s Royale Industries V/s M/s APCO Industries Limited.