Delhi District Court
M/S Sai Impex vs P.B. Retails Private Limited on 3 May, 2023
1
IN THE COURT OF SH. BHUPESH KUMAR: DISTRICT JUDGE
(COMMERCIAL COURTS)-02, SOUTH WEST DISTRICT, DWARKA
COURTS, NEW DELHI
CS (Comm) No. 134/2020
M/s Sai Impex
Through its Proprietor Sh. Swapn Deep
F-89. Sector-A-1. Gate No. 2, Tronica City
Loni, Ghaziabad, UP-201102
... Plaintiff
Vs.
P.B. Retails Private Limited
Through its Director & Authorized signatory
Sh. Pawan Aggarwal
RZ-11 G, Puran Nagar, Palam
New Delhi-110045
....Defendant
Date of Institution : 10.09.2020
Date of Arguments: 13.04.2023
Date of Judgment : 03.05.2023
JUDGMENT
1. The present suit has been filed by the plaintiff firm M/s Sai Impex through its proprietor Sh. Swapn Deep against the defendant company M/s P.B. Retails Pvt. Ltd., seeking recovery of sum of Rs. 8,52,600/- alongwith pendente lite and future interest.
The brief facts of the matter as emerged from the complaint are that the plaintiff is the proprietorship concern and is engaged in manufacturing and supplying of Hosiery, Denim clothing and Apparels under the name and style CS (Comm) 134/2020 Bhupesh Kumar District Judge(Commercial)-02, Dwarka, New Delhi/03.05.2023 2 of M/s Sai Impex. On the other hand, defendant is a private limited company engaged in the business of retail sale of clothing and apparels under the name and style of M/s P.B. Retails Pvt. Ltd.. It has been further submitted that defendant has been in regular business relations with the plaintiff since long and plaintiff used to supply the goods to the defendant as per requirements of the defendant for which plaintiff used to raise sales/tax invoices against supply of goods to defendant.
It has been further submitted that the plaintiff maintains regular books of account in due course of business and as per ledger statement of the defendant maintained in the book of accounts of the plaintiff, a sum of Rs. 7,10,500/- was outstanding and due to be paid by the defendant to the plaintiff. It has been further submitted that that the defendant while acknowledging its liability to pay the said outstanding amount, issued four cheques towards part payment of the said outstanding liability vide cheques bearing No. 001476 dated 10.08.2018 and 001477 dated 14.08.2018 amounting to Rs. 92,860/- each and cheque No. 001478 dt. 23.08.2018 and 001479 dt. 03.09.2018 amounting to Rs. 92,859/- each, all drawn on HDFC Bank, Apollo House, Tilak Nagar, N. Delhi. But on presentation, the said cheques were returned unpaid with remarks 'Account Blocked'. It has been further submitted that thereafter, plaintiff issued legal demand notice dated 29.09.2018 calling upon the defendant to pay due amount, through registered post, but despite service of same the defendant failed to pay the same. It has been further submitted that the defendant is liable to pay a sum of Rs. 7,10,500/- alongwith interest on the outstanding dues @ 12 % p.a. w.e.f. 01.01.2019 which comes to Rs. 1,42,100/-. On the basis of these submissions, prayer has been made to decree the suit.
CS (Comm) 134/2020 Bhupesh Kumar District Judge(Commercial)-02, Dwarka, New Delhi/03.05.2023 3
2. The notice of the present suit was issued to the defendant and the defendant appeared in court and filed the written statement. Further, as matter of fact, the written statement was not signed by the defendant on each and every page. The statement of truth and affidavit of admission and denial also not filed alongwith written statement. However, in the written statement, it has been submitted that the plaintiff has taken 4 cheques from the defendant as security. It has been further submitted that the defendant used to pay due amount regularly to the plaintiff in cash or through the bank transfer or cheques. It has been denied that the Rs. 7,10,500/- is due towards the defendant. On the basis of these submissions, prayer has been made to dismiss the suit.
Replication was not filed by the plaintiff to the written statement of defendant.
3. On the basis of the pleadings of the parties, following issues were framed by my Ld. Predecessor vide order dated 01.08.2022 :
1. Whether the plaintiff is entitled to decree of recovery of Rs.
7,10,500/- as prayed for in the plaint?OPP
2. If answer to the issue No. 1 is in affirmative, whether the plaintiff is entitled to interest? If yes, at what rate and for which period? OPP
3. Relief.
4. Before proceedings ahead, here it is necessary to note that the matter was fixed for PE but on the said date, none appeared on behalf of the defendant, therefore, defendant was proceeded Ex-parte.
CS (Comm) 134/2020 Bhupesh Kumar District Judge(Commercial)-02, Dwarka, New Delhi/03.05.2023 4
5. The plaintiff Swapn Deep has led his evidence by way of affidavit Ex.
PW1/A and he has relied upon the documents i.e. registration certificate of Tin number of the plaintiff firm Ex. PW1/1, photocopy of his Aadhar card Ex. PW1/2, certified copy of cheque no. 001476 Ex. PW1/3, certified copy of cheque no. 001477 Ex. PW1/4, certified copy of cheque no. 001478 Ex. PW1/5, certified copy of cheque no. 001479 Ex. PW1/6, certified copy of cheque returning memo of cheque no. 001476 Ex. PW1/7, certified copy of cheque returning memo of cheque no. 001477 Ex. PW1/8, certified copy of cheque returning memo of cheque no. 001478 Ex. PW1/9, certified copy of cheque returning memo of cheque no. 001479 Ex. PW1/10, certified copy of legal notice dated 29.09.2018 Ex. PW1/11, Certified copies of postal receipts Ex. PW1/12, copy of E-tracking report Ex. PW1/13, invoice dated 03.05.2017 as Ex. PW1/14, invoice dated 01.06.2017 as Ex. PW1/15, invoice dated 31.10.2017 as Ex. PW1/16, invoice dated 31.12.2017 as Ex. PW1/17, and invoice dated 04.05.2018 as Ex. PW1/18. Cross examination of this witness was treated as nil as none has appeared on behalf of the defendant.
6. PW-2 is Pushkar Singh Rana. He led his evidence as PW-2/A, wherein, he has submitted that he is working as Accountant at SPMR & Associates and vide authority letter Ex. PW2/1. He has further submitted that the books of accounts of M/s Sai Impax are maintained by the deponent on behalf of SPMR & Associates i.e. firm of Chartered Accountant. He has brought on record the ledger account of defendant company M/s P. B. Retails Pvt. Ltd., in the books of the plaintiff as Ex. PW2/3. This witness was also not cross examined as the defendant is already Ex-parte and none has appeared on behalf of the defendant on that day. Thereafter, PE was closed.
CS (Comm) 134/2020 Bhupesh Kumar District Judge(Commercial)-02, Dwarka, New Delhi/03.05.2023 5
7. My issues wise finding are as under:
ISSUE NO. 1Whether the plaintiff is entitled to decree of recovery of Rs. 7,10,500/- as prayed for in the plaint ? OPP. The onus to prove this issue was on the plaintiff. Ld. Counsel for plaintiff has submitted that from the evidence of PW-1 Swapn Deep and PW- 2 Pushkar Singh Rana, the plaintiff has proved that as per books of account a sum of Rs. 7,10,500/- was outstanding towards the defendant which the defendant has not paid.
Heard. Material perused.
In order to prove his claim, the proprietor of plaintiff firm Sh. Swapn Deep examined himself as PW-1. He has inter alia brought on record the copy of the cheques bearing no. 0001476 dated 10.08.2018 of Rs. 92,860/- as Ex. PW1/3, cheque no. 0001477 dated 14.08.2018 Ex. PW1/4, cheque no. 001478 dated 23.08.2017 Ex. PW1/5 and cheque no. 001479 dated 03.09.2018 Ex. PW1/6. The witness further deposed that the said cheques were issued by the defendant as part payment by admitting his liability to pay a sum of Rs. 7,10,500/- to the plaintiff. Witness further submitted that the cheques were dishonoured and thereafter he has filed the complaint u/s 138 of NI Act before the court of Ld. MM, Tis Hazari Court, Delhi. This witness further brought on record the ledger, retail invoices. This witness has also brought on record invoice dated 03.05.2017 for a sum of Rs. 5,92,094/-, invoice dated 01.06.2017 of a sum of Rs.1,41,005/-, invoice dated 31.10.2017 for a sum of Rs. 2,66,307/-, invoice dated 31.12.2017 for a sum CS (Comm) 134/2020 Bhupesh Kumar District Judge(Commercial)-02, Dwarka, New Delhi/03.05.2023 6 of Rs. 1,41,750/- and invoice dated 04.05.2018 for a sum of Rs. 3,71,438/- as Ex. PW1/14 to PW1/18, respectively.
PW-2 Pushkar Singh Rana has proved the ledger account of the defendant company managed by the plaintiff as Ex. PW2/3. As per the ledger account Ex. PW2/3, as on 06.09.2018 a sum of Rs.7,10,500/- was outstanding towards the defendant. None of the witnesses has been cross-examined by the defendant, hence, the testimony of both these witnesses on all important aspect remained uncontroverted and unshaked.
No reasonable ground is found to doubt the testimony of both these witnesses. From careful perusal of evidence of PW-1 Mr. Swapn Deep and PW-2 Pushkar Singh Rana, and other material on record, it is found that the defendant is liable to pay a sum of Rs.7,10,500/- to the plaintiff. Hence, this issue stand decided in favor of the plaintiff and against defendant.
8. ISSUE NO. 2(ii). If answer to the issue no. 1 is in affirmative, whether the plaintiff is entitled to interest? If yes, at what rate and for which period? OPP.
The burden to prove this issue was upon the plaintiff. The plaintiff has claimed interest @ 12% per annum on due amount. Considering the fact that commercial transactions took place between both the parties, the interest claimed @ 12% per annum is found to be genuine. Hence, the plaintiff is entitled to interest @ 12% per annum w.e.f. 06.09.2018 i.e. due date as per ledger account Ex.PW2/3 on due amount of Rs.7,10,500/-, till its realization.
CS (Comm) 134/2020 Bhupesh Kumar District Judge(Commercial)-02, Dwarka, New Delhi/03.05.2023 7 Relief.
In the light of discussion, the suit of the plaintiff is hereby decreed for a sum of Rs. 7,10,500/- against the defendant alongwith interest @ 12% per annum w.e.f. 06.09.2018 till its realization alongwith cost of Rs. 20,000/-.
Decree sheet be prepared accordingly.
Dictated and announced on 3rd May, 2023 (BHUPESH KUMAR) District Judge (COMMERCIAL)-02) South West District, Dwarka, New Delhi CS (Comm) 134/2020 Bhupesh Kumar District Judge(Commercial)-02, Dwarka, New Delhi/03.05.2023