Delhi District Court
M/S Prime Polyrubs Pvt. Limited vs M/S Homesto Impex P. Limited on 27 January, 2020
IN THE COURT OF SHRI RAJ KUMAR: ADDITIONAL DISTRICT
JUDGE, WEST(01) DELHI
Suit No. 565/18
M/s Prime Polyrubs Pvt. Limited
B-114, Maya Puri Industrial Area,
Phase 1, New Delhi 110 064 ........... Plaintiff
VERSUS
M/s Homesto Impex P. Limited
Arihant Commercial Complex,
Opposite Kopper Bus Stop,
Purna Village,
Building no. 35, Gala no. 11,
Thane, Bhiwandi
......... Defendant
Date of institution of the suit : 11.05.2018
Date on which order was reserved : 14.01.2020
Date of decision : 27.01.2020
SUIT FOR RECOVERY
JUDGMENT
1. The facts in brief, necessary for the disposal of the present suit for recovery instituted by the plaintiff are that the plaintiff is a private limited company incorporated under the Registration of Companies Act having its registered office at B-114, Maya Puri Industrial Area, Phase 1, New Delhi 110 064.
1.1 It has been further stated that the plaintiff is in the business of manufacturing, trading and dealing in various kinds of footwears and the defendant company is also dealing in the trade of different variety of footwears. It has been further stated that the plaintiff has supplied the goods vide bills no. C0083, C0088, C0148, C0150, C0174, C0232, C0299, C0316, C0345, C0374 and C0754 to the Suit No. 565/18 Page No. 1/5 defendant for a consideration of Rs. 8,36,709/-. 1.2 It has been further stated that as on 30.09.2017, as per account books of the plaintiff, an amount of Rs. 8,36,709/- is due and payable by the defendant. It has been further stated that the defendant is also liable to pay interest @ 18% per annum on the aforesaid amount and hence, the present suit because despite the legal notices dated 25.09.2017 and 22.03.2018, the defendant failed to make the payment of the due amount.
2. On the basis of the abovesaid allegations as contained in the plaint, the plaintiff has prayed for a decree for an amount of Rs. 11,76,035/- together with the pendente-lite and future interest @ 18% per annum from the date of the filing of the present suit till the date of its realization. The plaintiff has also prayed for the costs of the suit.
3. Perusal of the record of the case reveals that the defendant was served by way of e-mail dated 06.12.2018 through Nazarat Branch of the court but despite the service, the defendant failed to appear before the court and as such, the defendant was proceeded ex parte on 08.01.2019.
4. Towards ex-parte PE, the plaintiff has examined himself as PW1 and in his evidence by way of affidavit, he has reiterated and reaffirmed the stand as taken by the plaintiff in the plaint. He has filed on record his evidence by way of affidavit as Ex. PW1/A, copy of certificate of Incorporation as Ex. PW1/1(OSR), copy of memorandum of articles of Association as Ex. PW1/2(OSR), Board resolution dated 16.03.2018 as Ex. PW1/3, statement of account as Ex. PW1/4(colly), certificate u/s 65B of Indian Evidence Act as Ex. PW1/5, bill no. 0232 alongwith DVAT declaration as Ex. PW1/6 and Ex. PW1/6A, bill no. 0148 alongwith DVAT declaration as Ex. PW1/7 and Ex. PW1/7A, bill no. 0150 alongwith DVAT declaration as Ex. PW1/8 and Ex. PW1/8A, Suit No. 565/18 Page No. 2/5 bill no. 0174 alongwith DVAT declaration as Ex. PW1/9 and Ex. PW1/9A, bill no. 0083 alongwith DVAT declaration as Ex. PW1/10 and Ex. PW1/10A, bill no. 0088 alongwith DVAT declaration as Ex. PW1/11 and Ex. PW1/11A, bill no. 0299 alongwith DVAT declaration as Ex. PW1/12 and Ex. PW1/12A, bill no. 0316 alongwith DVAT declaration as Ex. PW1/13 and Ex. PW1/13A, bill no. 0345 alongwith DVAT declaration as Ex. PW1/14 and Ex. PW1/14A, bill no. 0374 alongwith DVAT declaration as Ex. PW1/15 and Ex. PW1/15A, cheques as Ex. PW1/16 to Ex. PW1/20, legal notice dated 25.09.2017 as Ex. PW1/21, legal notice dated 22.03.2018 as Ex. PW1/22, postal receipts as Ex. PW1/23 and Ex. PW1/25 and Bill dated 25.03.2018 as Ex. PW1/25.
5. I have carefully gone through the entire material available on record and heard the submissions of the Ld. Counsel for the plaintiff.
6. The plaintiff has placed on record the copies of invoices along with DVAT declaration as Ex.PW1/6 and Ex.PW1/6A to Ex.PW1/15 and Ex.PW1/15A to show the delivery of the goods by the plaintiff to the defendant. The plaintiff has placed on record the statement of account in the form of Ex.PW1/4 which shows that the amount of Rs. 8,36,709/- is due and payable by the defendant.
7. As stated herein above, the defendant failed to appear and to contest the present suit despite the service. The testimony of PW1 remains uncontroverted and unchallenged. I do not find any reason to disbelieve the uncontroverted testimony of PW1.
8. In the light of the abovesaid discussion, I am of the opinion that the plaintiff is entitled for an amount of Rs. 8,36,709/- against the defendant as the principal amount.
9. So far as the interest is concerned, keeping in view the entirety of the facts, the banking rates of interest and the present economic scenario, I grant the interest to the plaintiff @ 9% per annum Suit No. 565/18 Page No. 3/5 on the principal amount of Rs. 8,36,709/- from the date of the filing of the present suit till the date of realization of the decreetal amount.
10. As a result, an ex-parte decree is passed in favour of the plaintiff and against the defendant for the principal amount of Rs. 8,36,709/- along with interest @ 9% per annum from the date of the filing of the present suit till the date of realization of the decreetal amount. Costs of the suit are also awarded in favour of the plaintiff. Decree sheet be prepared accordingly by the Reader.
11. File be consigned to Record Room after due compliance.
Announced in the open court (RAJ KUMAR)
on this 27th day of January 2020 ADJ (WEST)
Tis Hazari Courts, Delhi.
RAJ
KUMAR
Digitally signed by
RAJ KUMAR
Date: 2020.02.01
16:22:16 +0530
Suit No. 565/18 Page No. 4/5
Suit No. 565/18
27.01.2020
Present : None.
Vide my separate judgment of even date, announced in the open court today, the suit of the plaintiff has been decreed against the defendant. Costs of the suit have also been awarded in favour of the plaintiff.
Decree sheet be prepared accordingly by the Reader. File be consigned to Record Room after due compliance.
(Raj Kumar) ADJ (West) Delhi/27.01.2020 Suit No. 565/18 Page No. 5/5