Delhi District Court
M/S Modi Infosol Pvt Ltd vs M/S Bhawani Computers Inc on 17 July, 2021
IN THE COURT OF SH. GAGANDEEP JINDAL
JSCC, ASCJ, SCJ, GJ SOUTH EAST DISTRICT,
SAKET COURTS, NEW DELHI
CS SCJ 1118/19
CNR No.DLSE03-001547-2019
M/s Modi Infosol Pvt Ltd
Through its Authorized Representative
Having its Corporate Office at
B-38, Okhla Industrial Area, Phase-I,
New Delhi-110020. ............ Plaintiff
Versus
1. M/s Bhawani Computers Inc
Through proprietor
7/8 3rd floor, Sandeep Plaza, P.P. Lane,
S.P. Road, Cross,
Bangalore-560002.
2. Mr. Surender Singh Rajpurohit
(Sole Proprietor)
M/s Bhawani Computers Inc
Through proprietor
7/8 3rd floor, Sandeep Plaza, P.P. Lane,
S.P. Road, Cross,
Bangalore-560002. ........ Defendants
SUIT FOR RECOVERY FOR A SUM OF
Rs.2,34,807/- ALONG WITH 18% PENDENTE
AND FUTURE INTEREST
Date of Institution of the case : 01.07.2019
Date of reserve of judgment : 12.07.2021
Date of pronouncement of judgment : 17.07.2021
JUDGMENT
1. The plaintiff company is a customer oriented technology aware IT solution Company providing a range of IT products & Mobile Accessories and expert services to CS SCJ 1118/2019 M/s Modi Infosol Pvt Ltd Vs M/s Bhawani Computers Page No.1 of 5 create competitive advantage. Plaintiff Company also deals with the Software, PCs, Laptops/desktops, Servers, Printers, Multi-function Machines/ Photo Copies, Video projection system, Storage and networking products to develop customized IT Solution, Mobile and mobile Accessories. Sh. Shyam Sunder Modi, is duly authorized vide Board of Resolution dated 15.05.2019 by the Board of Directors of Plaintiff Company to institute the present suit.
2. Defendant No. 2 is sole proprietor of defendant no.1, who is responsible for its affairs and management. That the defendant no.2 approached Plaintiff for supply for various UPS and monitor i.e. computer goods on their respective agreed price list. The Plaintiff Company has made due and timely supply of all orders placed by defendants which have been duly received by the defendants. In each case of ordered and supply of goods the payment was delayed by defendants beyond the due date causing loss to the Plaintiff Company. No payment qua the same was made by defendants. As on date defendants are required to pay sum of Rs.41,149/- on account delay in payment to Plaintiff.,
3. Plaintiff supplied goods under the following invoices for which balance payment is pending despite repeated requests and reminders.
Invoice No. Pending Invoice date
Amount (Rs.)
T1/MU/17-18/917 61,178.38/- 31.03.2018
T1/MU/17-18/923 77,440/- 31.03.2018
T1/DL/17-18/36 55,040/- 04.04.2018
Total 1,93,658.38/-
CS SCJ 1118/2019 M/s Modi Infosol Pvt Ltd Vs M/s Bhawani Computers Page No.2 of 5
4. The defendants are liable for a total sum of Rs.2,34,807/- i.e. Rs.1,93,658/-as balance amount of invoices and Rs.41,149/- as interest on delayed payment received beyond the credit period of 30 days, to the Plaintiff. Plaintiff sent legal notice on 04.01.2019 to the defendant to clear its outstanding dues which was duly received by defendants. But no payment was made. Hence, the present suit has been filed.
5. The defendants were served on 30.08.2019. Ld. Counsel on behalf of defendant was appeared on 15.10.2019. But thereafter none had in the court on behalf of defendant. The defendant proceeded ex-parte vide order dated 05.02.2020.
6. Thereafter, the plaintiff has examined its Director Sh.
Shyam Sunder Modi as PW1. He tendered his evidence by way of affidavit Ex. PW1/A and relied upon documents Ex. PW1/1 to PW1/5 (colly).
7. I have heard the arguments of counsel for plaintiff and gone through the evidence on record.
8. The onus to establish his case rested on plaintiff. PW1 has proved the following documents :-
a) Copy of board resolution dated 15.05.2019 is Ex.PW1/1;
b) Ledger statement of defendant maintained by plaintiff company is Ex.PW1/2;
c) Invoices with delivery challans are Ex.PW1/3 (colly).
d) Certificate u/s 65-B Indian Evidence Act is Ex.PW1/4;
e) Copy of Legal notice and proof of delivery is Ex.PW1/5 (colly).
9. The onus to establish his case rested on plaintiff. The unrebutted oral and documentary evidence led by plaintiff shows that defendant had purchased goods from the plaintiff CS SCJ 1118/2019 M/s Modi Infosol Pvt Ltd Vs M/s Bhawani Computers Page No.3 of 5 from to time against invoices Ex.PW1/3 (colly). The defendant had made part payment of these invoices. Therefore, the plaintiff has claimed total principal outstanding amount of Rs.1,93,658.38/-towards goods supplied to the defendant.
10. The plaintiff has also claimed Rs.41,149/- as interest @ 18% p.a. on account of delay in payment. There is no document on record to prove that plaintiff is entitled to recover interest @ 18% p.a. for delay in the payment beyond credit period of 30 days in respect of two invoices bearing no.TI/MU/17-18/917 and TI/MU/17-18/923. However in the third invoice bearing no. TI/DL/18-19/36, it has been mentioned that the defendant is liable to pay interest @ 2% per month for delay in payment. The plaintiff has claimed Rs.11617/- as interest qua the third invoice bearing no. TI/DL/18-19/36. Therefore, the plaintiff is entitled for recovery of Rs.11,617 only as pre-litigation interest according to one of the invoice which is part of Ex.PW1/3 (colly).
11. The suit of the plaintiff remains uncontroverted and unrebutted as none has appeared on behalf of defendant to cross examine the plaintiff's witness. Hence, all the averments made in the plaint are deemed to be admitted and documents placed on record stand duly proved.
12. The plaintiff has claimed the principal amount on the basis the invoice Ex.PW1/3 (colly) raised in the month of March- April 2018 and the present suit has been filed on 01.07.2019. Therefore, it has been filed within prescribed period of limitation. As per averments made in the plaint, the defendant no.2 has approached the plaintiff at his office situated B-38 Okhla phase-I, New Delhi for supply of goods.
CS SCJ 1118/2019 M/s Modi Infosol Pvt Ltd Vs M/s Bhawani Computers Page No.4 of 5 The invoice was raised at the said office of plaintiff and part payments were made also at the office of the plaintiff in Delhi. Therefore, this court has jurisdiction to adjudicate the present case.
13. In respect of the quantum of interest claimed by the plaintiff, I find that in the prayer clause, the plaintiff has sought pendente-lite and future interest at the rate of 18% per annum. In my view, the claim of the plaintiff qua pendente- lite and future interest is excessive and in the facts and circumstances of this suit, the ends of justice would be met, if the plaintiff is granted pendente-lite and future interest at the rate of 9% per annum.
14. In the light of oral and documentary evidence on record, the suit of the plaintiff is decreed in favour of the plaintiff and against the defendant, for a sum of Rs.2,05,275.38/- alongwith pendente lite & future interest @ 9 % p.a from the date of filing of suit till its realization. Costs of suit are also awarded in favour of the plaintiff.
15. Decree sheet be drawn accordingly. File be consigned to record room, after due compliance. Digitally signed by GAGANDEEP GAGANDEEP JINDAL JINDAL Date:
2021.07.22 14:13:20 +0530 (Announced in the open court on 17th July 2021) (Gagandeep Jindal) JSCC/ASCJ/SCJ/GJ South East District/Saket Courts CS SCJ 1118/2019 M/s Modi Infosol Pvt Ltd Vs M/s Bhawani Computers Page No.5 of 5