Delhi District Court
Svb Bearings Pvt Ltd vs Ranvikautocomponents Pvt Ltd on 19 January, 2024
IN THE COURT OF SH. REETESH SINGH, DISTRICT JUDGE
COMMERCIAL COURT-04, SHAHDARA,
KARKARDOOMA COURTS, DELHI
CNR No. DLSH01-007982-2022
CS (Comm) No. 680/2022
In the matter of :-
M/s SVB Bearings Pvt. Ltd.
Through its Director Shri Vijay Gupta
Registered Office at :
G-8, Vardhman Market,
Delhi-110092. ............Plaintiff
(Through Ld. Counsel Sh. Pardeep Kumar
and Sh. Sachin Rathor)
Versus
M/s Ranvik Auto Components Pvt. Ltd.
Through its Directors
Office at : S-Block, 114/115,
MIDC Bhosari,
Pune -411026 (Maharashtra)
......Defendant
(Defendant is Ex-parte)
Date of institution of the case : 06.12.2022
Date of final arguments : 09.01.2024
Date of judgment : 19.01.2024
EX-PARTE JUDGMENT
1.This suit has been filed by the plaintiff M/s SVB Bearings Pvt. Ltd. through its Director Sh. Vijay Gupta against M/s Ranvik Auto Components Pvt. Ltd. praying for a decree for recovery of Rs.6,08,000/- along with interest pendent lite and future @ 9% per annum and costs of the suit.
2. The plaintiff has averred that it is engaged in the business of trading of all kinds of bushes (hereinafter referred to as the goods). The defendant placed purchase order no. BO0000517 dated 07.10.2019 and No.BO0000552 dated 19.11.2019 at the office of the plaintiff. The plaintiff supplied the goods as CS (Comm) No. 680/2022 Page 1 /4 mentioned in the purchase orders and raised invoices which were acknowledged by the defendant. The plaintiff maintains books of accounts in the regular course of its business which reveals an outstanding balance of Rs.4,72,592.83p excluding interest against the defendant. Despite several demands made by the plaintiff orally as well as by e-mail, the defendant did not make payment of the said amount. Plaintiff claims that it is entitled to interest on the said amount @ 9% per annum as per business norms and customs for the period 08.12.2019 to 07.11.2022 which comes to Rs.1,24,407.17p. Plaintiff has also claimed an amount of Rs.11,000/- towards cost of sending legal notice and states that total amount due from the defendant on the date of filing of the suit is Rs.6,08,000/-.
3. The plaintiff has averred that it sent a legal demand notice dated 10.01.2022 by registered post to the defendant and through electronic mode demanding the outstanding amount but despite service of the notice, the defendant did not make any payment.
4. Before filing of this suit, the plaintiff availed the remedy of pre- institution mediation under Section 12A of the Commercial Courts Act 2015 before the Shahdara District Legal Services Authority on 10.05.2022 which was closed as Non-Starter on 31.05.2022.
5. Summons of the suit were directed to be issued to the defendant vide Order dated 04.01.2023. As the defendant could not be served in the ordinary manner, on the application of the plaintiff under Order V Rule 20 of the CPC, the defendant vide order dated 20.09.2023 was directed to be served with the summons of the suit by way of publication in newspaper 'Lok Satta Marathi' having circulation in Maharashtra. Publication of summons was carried out in the edition dated 11.11.2023 of the said newspaper and as none appeared, defendant was proceeded ex-parte by order dated 02.01.2024.
CS (Comm) No. 680/2022 Page 2 /46. Plaintiff led evidence and examined its Director Sh. Vijay Gupta as PW1. He tendered his evidence by way of his affidavit Ex.PW1/A and placed reliance on the following documents :-
(a) Copy of memorandum of association and registration certificate of the plaintiff company vide Ex.PW-1/1 (OSR)
(b) Original Resolution dated 22.11.2021 vide Ex.PW-1/2
(c) Purchase order dated 19.11.2019 vide Ex.PW-1/3
(d) Copy of E-mail dated 09.12.2019 vide Ex.PW-1/4
(e) Invoices dated 07.10.2019 for Rs.6,372/-, dated 12.10.2019 for Rs.1,59,300/-, dated 07.11.2019 for Rs.96,925.20, dated 11.11.2019 for Rs.6,091.63, dated 03.12.2019 for Rs.1,91,160/- and dated 07.12.2019 for Rs.12,744/- along with courier receipts vide Ex.PW-1/5 to Ex.PW-1/10
(f) Statement of accounts for the period 07.10.2019 to 31.10.2022 vide Ex.PW-1/11
(g) Office copy of legal notice dated 10.01.2022 vide Ex.PW-1/12
(h) Postal receipts pertaining to the legal notice dated 10.01.2022 vide Ex.PW-1/13 to Ex.Pw-1/16
(i) Tracking report drawn showing the delivery of the notice dated 10.01.2022 vide Ex.PW-1/17 to Ex.PW-1/20
(j) Master date of the defendant company vide Ex.PW-1/21
(k) Certificate under Section 65-B (4) (c) of the Evidence Act vide Ex.PW-1/22.
7. As the defendant was ex-parte, PW-1 was not subjected to any cross- examination. Plaintiff thereafter closed its evidence.
8. Arguments were addressed by Sh. Sachin Rathor, Ld. Counsel for the plaintiff who submitted that the case of the plaintiff in the plaint and evidence stood unrebutted. He submitted that the plaintiff was therefore entitled to the decree as prayed for.
9. I have heard the Ld. Counsel for the plaintiff and have perused the record of the case. The defendant did not appear to defend the suit. The averments made by the plaintiff in the plaint and evidence led by PW-1 have gone unrebutted and unchallenged. The documents placed on record by the plaintiff are deemed to have been admitted by the defendant. The plaintiff has proved, amongst others, purchase order dated 19.11.2019 vide Ex.PW1/3, six CS (Comm) No. 680/2022 Page 3 /4 invoices along with courier receipts vide Ex.PW1/5 to Ex.PW1/10 and statement of account vide Ex.PW1/11. As per the Statement of account Ex.PW1/11, principal amount of Rs.4,72,592.83p was outstanding against the defendant as on 07.12.2019. Plaintiff is held entitled to recovery of the said amount from the defendant.
10. Plaintiff has claimed interest on the amount of Rs.4,72,592.83p @ 9% per annum w.e.f. 08.12.2019 amounting to Rs.1,24,407.17p. Being a commercial transaction, claim of interest @ 9% per annum is reasonable. Plaintiff is therefore granted a decree for recovery of Rs.5,97,000/- which is excluding the amount of Rs.11,000/- claimed by the plaintiff towards cost of sending legal notice. Plaintiff shall also be entitled to pendent lite and future interest at the said rate on the decretal amount till the date of realisation. Costs of the suit are awarded in favour of the plaintiff. Legal fees and expenses of the plaintiff are assessed as Rs.21,000/-.
RELIEF :-
11. For the reasons recorded above, suit of the plaintiff is decreed in the following manner :-
(a) Plaintiff is granted a decree for recovery of Rs.5,97,000/- along with interest @ 9% per annum w.e.f. the date of filing of the suit till the date of realisation against the defendant;
(b) Plaintiff shall be entitled to costs of the suit and legal fees and expenses of Rs.21,000/- along with interest @ 9% per annum from the date of the decree till the date of realization, against the defendant.
12. Decree sheet be prepared. File be consigned to record room.
Announced in the open (REETESH SINGH)
court on this 19 th day DISTRICT JUDGE
of January 2024 (COMMERCIAL COURT)-04
SHAHDARA, KKD COURTS, DELHI
CS (Comm) No. 680/2022 Page 4 /4