Delhi District Court
M/S Scj Plastics Ltd. vs . M/S Eagle Furnitures Pvt. Ltd. on 25 July, 2012
M/s SCJ Plastics Ltd. Vs. M/s Eagle Furnitures Pvt. Ltd.
IN THE COURT OF MS. SHREYA ARORA, CIVIL JUDGE1,
SAKET COURTS, SOUTH DISTRICT, NEW DELHI
In the matter of :
Suit No. 714/10
Case ID No. 02403C0058292009
M/s SCJ Platics Ltd.
Regd. Office at:
F3/1011, Okhla Industrial Area,
PhaseI, New Delhi110 020.
Having unit at:
70, Rama Marg,
New Delhi110 015 ....... Plaintiff
Versus
M/s Eagle Furnitures Pvt. Ltd.
Earlier also at:
SP149F, Industrial Area,
PhaseI, Bhiwadi Rajasthan.
Presently at :
B212, SectorIII,
Bawana Industrial Area,
Delhi. ...... Defendant
Date of Institution : 09.09.2009
Date of reserving the Judgment : 25.07.2012
Date of pronouncement : 25.07.2012
Decision : Decreed ( Oral)
Suit No. 714/10 Page 1 of 5
M/s SCJ Plastics Ltd. Vs. M/s Eagle Furnitures Pvt. Ltd.
SUIT FOR RECOVERY OF RS.1,75,250/ ( ONE LAC SEVENTY FIVE
THOUSAND TWO HUNDRED FIFTY ONLY)
UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908
JUDGMENT ( ORAL)
1. This is a conventional suit for recovery for an amount of Rs. 1,75,250/ (Rupees One Lac Seventy Five Thousand Two Hundred Fifty Only) along with costs, pendente lite and future interest @ 24% per annum instituted by the plaintiff under the summary procedure enshrined under Order XXXVII of the Code of Civil Procedure, 1908.
2. The case of the plaintiff is that the plaintiff is a limited company dealing with Master Batches and Compounds and having its registered office at F3/1011, Okhla Industrial Area, PhaseI, New Delhi20. The suit has been filed through Mr. Deepak Kumar, Marking Executive of the plaintiff company duly authorised by the Board of Resolution dated 26.02.2009. It is the case of the plaintiff that the defendant purchased materials from the plaintiff on 07.02.2006 and 02.03.2006 vide bills No.2054 & 2246 for an amount of Rs.89,374/ and Rs.74653/ respectively. The material was sold subject to issuance of Sales Tax Form which was issued by the defendant bearing No.0660269. Hence, vide said Sales Tax Forms the defendant confirmed the purchase of material from the plaintiff vide the aforesaid two bills. It is averred that the defendant issued three Suit No. 714/10 Page 2 of 5 M/s SCJ Plastics Ltd. Vs. M/s Eagle Furnitures Pvt. Ltd.
cheques of Rs.20,000/ each drawn on SBI, Wazirpur, Industrial Estate, New Delhi with promise to make the balance payment of Rs. 1,04,027/ soon with interest. The details of the said cheques is provided in para 6 of the plaint and is as under:
Cheque no. Date Amount ( in Rs.)
351289 29.12.2007 20,000/
351290 04.01.2009 20,000/
351291 11.01.2008 20,000/
3. It is averred that the aforesaid three cheques were dishonoured. Complaint cases under Section 138 of the Negotiable Instruments Act were filed against the defendant. The said complaints were compromised for an amount of Rs. 72,000/. Out of which Rs. 60,000/ was for cheque amount and Rs.22,000/ was for the litigation expenses/ costs. Despite repeated requests, defendant failed to repay the balance amount of Rs.1,04,027/ and interest amount of Rs.71,223/ @ 24% per annum from the date of said payment became due till date.
4. It is further averred that consequently legal notice dated 27.02.2009 was issued. However, the defendant has not paid the outstanding amount despite service of the legal notice. Therefore, the plaintiff has filed the present suit
5. Summons for appearance in the proforma prescribed under Order XXXVII Code of Civil Procedure was sent to the defendants for appearance. Defendant was duly served and appearance was filed on 19.04.2011. Subsequently steps were taken for issuance of Suit No. 714/10 Page 3 of 5 M/s SCJ Plastics Ltd. Vs. M/s Eagle Furnitures Pvt. Ltd.
summons of judgment on the defendant and vide order dt. 21.01.2012, my predecessor noted that the summons have been duly served. Since no leave to defend has been moved by the defendant, the plaintiff is entitled to judgment forthwith under order XXXVII Rule 3 (6) (a) CPC 1908 for the relief prayed.
6. I have heard the counsel for the plaintiff and have gone through the record.
7. Present suit has been filed on the basis of the invoice dated 17.02.2006 and 02.03.2006 record of which have been filed with the plaint and upon which liability of the defendant is based. Original documents have been placed on record and therefore, the suit is maintainable under Order XXXVII CPC, 1908. The plaintiff has filed the present suit on 09.03.2009. Article 15 of the Limitation Act, 1963 concerns a suit for the price of goods sold and delivered, to be paid for after the expiry of a fixed period of credit. The limitation of three years in such cases commences from the date when the period of credit expires. In the instant case, limitation is to be commenced from the due date provided in the said invoices, i.e., 09.03.2006 and 01.05.2006, respectively. Accordingly, the present suit is within limitation.
8. Plaintiff has satisfactorily established that the plaintiff is entitled to the payment of an amount of Rs.1,75,250/ ( Rupees One Lac Seventy Five Thousand Two Hundred Fifty Only). Hence, the suit is decreed in a sum of Rs.1,75,250/ ( Rupees One Lac Seventy Five Suit No. 714/10 Page 4 of 5 M/s SCJ Plastics Ltd. Vs. M/s Eagle Furnitures Pvt. Ltd.
Thousand Two Hundred Fifty Only) in favour of the plaintiff which shall form the principal/decreetal sum adjudged.
9. Plaintiff has claimed interest @ 24% per annum. Invoice also contains stipulation as to the payment of interest @ 24 % per annum on delayed payment. Hence, the plaintiff is awarded pendente lite and future interest @ 24% per annum on the principal/ decreetal sum adjudged from the date of institution of the suit till realization.
10. Hence, the suit is decreed for an amount of Rs.1,75,250/ ( Rupees One Lac Seventy Five Thousand Two Hundred Fifty Only) in favour of the plaintiff and against the defendant alongwith pendente lite and future interest @ 24% per annum on the principal/ decreetal sum adjudged from the date of institution of the suit till realization.
11.Suit is decreed in the aforesaid terms against the defendants. Cost of the suit is also awarded in favour of the plaintiff and against the defendant.
12.Decree sheet be drawn accordingly. Thereafter, file be consigned to the record room.
Announced in the open (SHREYA ARORA)
Court on 25.07.2012 CIVIL JUDGE1 (SOUTH DISTRICT)
(Judgment contains 5 pages) SAKET COURTS, NEW DELHI
Suit No. 714/10 Page 5 of 5