Delhi District Court
M/S Modi Infosol Pvt Ltd vs M/S Kanpur Telecom on 17 July, 2021
IN THE COURT OF SH. GAGANDEEP JINDAL
JSCC, ASCJ, SCJ, GJ SOUTH EAST DISTRICT,
SAKET COURTS, NEW DELHI
CS SCJ 1119/19
CNR No.DLSE03-001545-2019
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 Kanpur Telecom
Through proprietor
39, Kailash Nagar, Tiwaripur,
Jajmau Kanpur Nagar,
Uttar Pradesh-208010.
2. Mr. Wajid Hussain
(Sole Proprietor)
M/s Kanpur Telecom
39, Kailash Nagar, Tiwaripur,
Jajmau Kanpur Nagar,
Uttar Pradesh-208010. ........ Defendants
SUIT FOR RECOVERY FOR A SUM OF
Rs.1,13,016/- 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 1119/2019 M/s Modi Infosol Pvt Ltd Vs M/s Kanpur Telecom 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. 1 is sole proprietorship of defendant no.2, who is responsible for its affairs and management. The defendant no.2 approached Plaintiff for supply for various mobile accessories products on their respective agreed price list from mid-2017. The Plaintiff Company has made due and timely supply of all orders placed by defendants which have been duly received by the defendants and there is no complaint in this regard till date. 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. As on date defendants are required to pay sum of Rs.30,514/- on account delay in payment to Plaintiff.,
3. Plaintiff supplied goods under the following invoices for which the balance is still pending despite repeated requests and reminders.
Invoice No. Total Invoice Pending
Value (Rs.) Amount (Rs.)
AXL/18-19/96 42,350/- 5314
AXL/18-19/97 63,975 4975
AXL/18-19/137 3990/- 3990/-
AXL/18-19/138 15,420/- 3281/-
AXL/18-19/147 7500/- 7500/-
AXL/18-19/194 54,750/- 4751/-
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AXL/18-19/195 40,805/- 40805/-
Total 70,616/-
4. It is further submitted defendant no.2 have not deposited IGST recovered from the plaintiff which is clearly displayed on the website of tax authorities and thus liable to refund of Rs.11,886/- on this account to plaintiff. Thereafter, the 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 29.08.2019. Ld. Counsel on behalf of defendant was appeared on 15.10.2019 and 21.12.2019 only. But thereafter none had in the court on behalf of defendant. The defendant proceeded ex-parte vide order dated 01.12.2020.
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;
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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 from to time against invoices Ex.PW1/3 (colly). Therefore, the plaintiff has claimed total outstanding principal amount of Rs.70,616/-towards goods supplied to the defendant vide invoice Ex.PW1/3 (colly.
10. The plaintiff has also claimed Rs.30,514/- as interest @ 18% p.a. on account of delay in payment. In the invoice, it is mentioned that if payment is not made within 30 days then interest @ 2% per month shall be charged. The plaintiff has placed on record copy of ledger account Ex.PW1/2 to show as when and how much amount was paid by the defendant. Therefore, the plaintiff is entitled for recovery of Rs.30,514/- as pre-litigation interest as mentioned invoice Ex.PW1/3 on the outstanding amount thereof.
11. The plaintiff has also claimed Rs.11,886/-towards IGST which has been recovered from the plaintiff but has not deposited by the defendant.
12. 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.
13. The plaintiff has claimed the principal amount on the basis invoice Ex.PW1/3 (colly) raised in the month of March- June 2018 and the present suit has been filed on 01.07.2019. Therefore, it has been filed within prescribed CS SCJ 1119/2019 M/s Modi Infosol Pvt Ltd Vs M/s Kanpur Telecom Page No.4 of 5 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. The invoice of the said office 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.
14. 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.
15. 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.1,13,016/- 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.
16. Decree sheet be drawn accordingly. File be consigned Digitally signed to record room, after due compliance. by GAGANDEEP GAGANDEEP JINDAL JINDAL Date:
(Announced in the open court 2021.07.22
14:13:53 +0530
on 17th July 2021) (Gagandeep Jindal)
JSCC/ASCJ/SCJ/GJ
South East District/Saket Courts
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