Delhi District Court
M/S Aditi Computers Pvt.Ltd vs Chetan Malhotra on 9 July, 2018
In The Court of Charu Aggarwal
Additional District Judge03 (West)
Tis Hazari Courts, Delhi.
Suit No. 609138/2016
In the matter of :
M/s Aditi Computers Pvt.Ltd
GD18, Jyoti Shikar,
8District Centre, Janakpuri,
New Delhi110 058.
Through its Manager
Shri Pramod Narayan ....... Plaintiff
Versus
Chetan Malhotra
Prop.M/s Micro Computers
B2/110(Ist floor)
Janakpuri
New Delhi110 058.
Also at:
C2D/43C, Janakpuri
New Delhi110 058. ....... Defendant.
Date of institution : 03.03.2015
Date of Decision : 09.07.2018
EXPARTE JUDGMENT
1.The plaintiff company has filed the present suit through its Manager Shri Pramod Narayan for recovery of Rs. 12,35,778/ alongwith pendentelite and future interest @ 24% per annum, against the defendant.
The defendant Chetan Malhotra is a proprietor of M/s Micro Computers, having his office at B2/110, Janakpuri,New Delhi.
2. The plaintiff and defendant are in the same business of computers and having good business relations. During the course of their business, the defendant was purchasing softwares/computers materials/goods from the plaintiff from time to time and the plaintiff was maintaining a running account in the name of defendant, wherein M/s Aditi Computers Pvt.Ltd vs Chetan Malhotra Page no. 1 of 4 all the bills raised and payments made by defendant were being debited and credited. As per agreement, the payments were to be made by the defendant against the supply of the material and in the event of default, the defendant was liable to pay the interest on the delayed payment. The defendant used to pay the payments in part after receiving the goods.
The defendant issued the following cheques towards outstanding dues, which when presented were returned unpaid: Inv.no. and Date Amount(Rs) Cheque no. & date
1. 173 13.05.2013 43,312.00 174693 13.06.2013
2. 188 15.05.2013 41,895.00 174694 14.06.2013
3. 189 15.05.2013 43,312.00 174695 15.06.2013
4. 068 17.05.2013 52,799.00 174696 17.06.2013
5. 203 20.05.2013 819.00 174697 23.06.2013
6. 206 20.05.2013 2,336.00
7. 207 21.05.2013 3,124.00
3. Payment against bill no.068 dated 17.05.2013, was made in part by cheque no. 174966 dated 17.06.2013 for Rs. 24,827.00 and payment against bill nos. 203,206 both dated 20.05.2013 and bill no. 207 dated 21.05.2013 was made by one cheque no.174697 dated 23.06.2013 for Rs. 6279 by the defendant to the plaintiff. Rs. 15,130/ was lastly credited into the account of the defendant on 10.10.2014. The defendant was approached time and again in person to clear the outstanding amount, but the defendant failed to keep up his commitment and continued to be defaulter. Hence, the plaintiff was constrained to recall the entire outstanding amount alongwith upto date interest by serving the defendant legal notice dated 12.11.2014, which was duly served upon him, but despite service the defendant neither replied nor paid the suit amount, hence the present suit.
4. Defendant was served through publication in the newspaper ''Statesman'' dated 15.01.2016. Despite service, he did not M/s Aditi Computers Pvt.Ltd vs Chetan Malhotra Page no. 2 of 4 appear, hence, vide order dated 26.05.2016, he was proceeded ex parte.
5. In the exparte evidence, the plaintiff has examined only one witness Shri Pramod Narayan, Manager of the plaintiff company. PW1 has filed his affidavit in evidence and reiterated and reaffirmed the same facts as mentioned in the plaint. PW1 has relied upon the following documents:
(i) Copy of corporation certificate. Ex.PW1/A.
(ii) Resolution dated 22.12.2014 Ex.PW1/B.
(iii) Copy of bills Ex.PW1/C(colly).
(iv) Copies of cheques Ex.PW1/D to Ex.PW1/H.
(v) Cheque returning memos Ex.PW1/I to Ex.PW1/M.
(vi)Legal notice and receipt Ex.PW1/N and Ex.PW1/O.
(vii)Ledger account Ex.PW1/P.
6. I have heard ld.counsel for the plaintiff and perused the record.
7. PW1 has stated in his affidavit in evidence that the plaintiff and the defendant have business relations and during the course of their business, the defendant had been purchasing softwares/computer materials/goods from the plaintiff from time to time and the plaintiff was maintaining the running account in the name of defendant, wherein all the bills Ex. PW1/C(colly)raised by plaintiff and payment received by the defendant were being debited and credited into the account. As per the agreement, the payment was to be made against the supply of the material and in the event of default, defendant was liable to pay interest. The defendant after receiving the goods had been making payment in part and had issued cheques Ex.PW1/D, Ex.PW1/E, PW1/F, Ex.PW1/G and Ex.PW1/H respectively, which on presentation received unpaid with the remarks''Funds Insufficient'',vide cheque returning memos Ex.PW1/I, Ex.PW1/J, Ex.PW1/K, Ex.PW1/L and Ex.PW1/M respectively. The plaintiff approached the defendant time and again in person and requested the defendant to clear the M/s Aditi Computers Pvt.Ltd vs Chetan Malhotra Page no. 3 of 4 outstanding amount, but the defendant did not adhere to the requests of the plaintiff. The plaintiff sent legal notice dated 12.11.2014 Ex.PW1/N, which was neither replied nor complied so far by the defendant. Vide order dated 26.05.2016, the defendant was proceeded exparte. The version of the plaintiff has remained unrebutted and unchallenged. This court find no reason to disbelieve the unrebutted and unchallenged testimony of the plaintiff. The plaintiff has stated that as per the ledger account Ex.PW1/P,maintained by the plaintiff, an amount of Rs. 8,68,301/ is due towards the defendant. The plaintiff has claimed interest @ 24% from 13.05.2013 till filing of the suit i.e. 08.05.2015, which comes to the tune of Rs.3,64,977/ on the outstanding amount of Rs. 8,68,301/. The said interest to the mind of this court is on the higher side and on the standard proforma/bill. The interest @24% is not the prevalent rate of interest in the market, therefore, this court is of the view that the end of the justice will adequately met if, the interest @ 10% w.e.f. 13.05.2013 till realization.
8. In view of the unrebutted and unchallanged testimony of PW1, the plaintiff is held entitled for the amount of Rs. 8,68,301/ from the defendant alongwith interest @10% w.e.f. 13.05.2013 till realization alongwith cost. Accordingly, the suit of the plaintiff is decreed.
Decree sheet be prepared accordingly.
Digitally signed by CHARUFile be consigned to record room.
AGGARWAL CHARU Date:
AGGARWAL 2018.07.09 16:09:53 +0530 Announced in the open court (CHARU AGGARWAL) on: 09.07.2018 ADJ03/WEST/THC/DELHI M/s Aditi Computers Pvt.Ltd vs Chetan Malhotra Page no. 4 of 4