Delhi District Court
Sh. Naresh Gupta vs Sh. Siya Ram Verma on 28 January, 2023
IN THE COURT OF MS. DEEPIKA SINGH
SENIOR CIVIL JUDGE, NORTH WEST DISTRICT,
ROHINI COURTS, DELHI
Suit No.409/22
CNR No: DLNW030006052022
Sh. Naresh Gupta
Partner M/s Enpeecon,
Office at 209, Durga Place,
DDA Market, LSC, Pocket -B,
Ashok Vihar, Phase-III, Delhi-52
..........Plaintiff
Vs
Sh. Siya Ram Verma
Proprietor
M/s City Housing Construction
Office at : 232, Swayam Sewa Co.-OP. Housing,
Jhilmil Colony, Vivek Vihar,
Near ESI Hospital, Delhi-95
. ........Defendant
Date of filing : 25.03.2022
Date of judgment : 28.01.2023
JUDGMENT
1. Present suit was filed by the plaintiff for recovery of Rs. 1,68,762/-(Rupees One Lakh, Sixty-Eight Thousand, Seven Hundred and Sixty-Two Only) along with pendente lite and future interest @ 24% p.a. from the date of bills till realisation.
2. It is inter-alia averred by the plaintiff that plaintiff is Suit No.409/22 Naresh Gupta vs Siya Ram Verma Page no. 1/3 one of the partners of M/s Enpeecon and is engaged in the business of manufacturing and supply of Ready mix concrete (RMC). The defendant is regular customer of the plaintiff and has been purchasing goods i.e. ready mix concrete from time to time on cash/ credit basis and the goods were supplied to the defendant as per his orders and defendant has been making payment on running account. The material was supplied to the defendant by the plaintiff vide their different invoice numbers of different dates from time to time. Part payments were received by the plaintiff towards the material supplied to the defendant. The entire transactions was carried out between the parties at the office of the plaintiff at Delhi. Defendant made part payment in discharge of his liability towards the goods supplied by the plaintiff. Plaintiff kept on demanding his dues and the defendant kept on delaying the matter on one pretext or the other and thereafter defendant refused to pay the said amount. Thereafter on 02.12.2021 plaintiff sent a legal notice through speed post dated 02.12.2021 which was duly served upon the defendant. Lastly, it is prayed that decree may be passed in favour of the plaintiff against the defendant.
3. Summons in the present suit was sent to the defendant, however, despite service defendant failed to appear in the Court and accordingly, the defendant was proceeded ex-parte.
4. Plaintiff in order to prove its case has examined PW1 Sh. Naresh Gupta who tendered his evidence by way of affidavit and relied upon the documents such as Original Authority letter Suit No.409/22 Naresh Gupta vs Siya Ram Verma Page no. 2/3 dated 25.02.2022 Ex. PW1/1, Registration documents of Firm M/s Enpeecon (Colly) Ex.PW1/2, Copies of bills Ex. PW1/3 to PW1/6, Copy of Ledger EX.PW1/7, Certificate u/s 65 B(2) of Indian Evidence Act Ex.PW1/8, Copy of Legal Notice Ex.PW1/9, Original Postal Receipt Ex.PW1/10 and Original Track Report Ex. PW1/11. Thereafter, the ex-parte plaintiff evidence was closed.
5. I have heard Ld. counsel for the plaintiff and perused the complete record.
6. Since the defendant was proceeded ex-parte in this matter, ex-parte evidence led by the plaintiff remained uncontroverted and unchallenged, hence, the court finds no ground to disbelieve the testimony of the plaintiff witness. In view of the un-rebutted and unchallenged oral and documentary ex-parte evidence led by the plaintiff, the plaintiff has been able to prove the case as set up in the plaint and the plaintiff is entitled for a decree.
Relief:-
7. Hence, the suit of plaintiff for recovery of 1,68,762/- (Rupees One Lakh, Sixty-Eight Thousand, Seven Hundred and Sixty-Two Only) is decreed. Plaintiff is also entitled for interest at the rate of 6% per annum on the said amount from the date of filing of the suit till realization.
8. Costs of the suit is also awarded in favour of the plaintiff and against the defendant.
Suit No.409/22 Naresh Gupta vs Siya Ram Verma Page no. 3/3
9. Decree sheet shall be prepared accordingly.
10. File be consigned to record room after due compliance.
Announced in open court on 28.01.2023 (This judgment contains 4 pages) (DEEPIKA SINGH) Senior Civil Judge, North West ROHINI COURTS/DELHI Suit No.409/22 Naresh Gupta vs Siya Ram Verma Page no. 4/3