Delhi District Court
Infopower Technologies Pvt. Ltd vs Ms. Sangeeta Singh on 18 January, 2024
IN THE COURT OF
MS. SAVITA RAO, DISTRICT JUDGE (COMMERCIAL
COURT)-01 SOUTH DISTRICT,
SAKET COURTS : NEW DELHI
CS (Comm) No. 183/22
CNR No. DLST01-001818-2022
INFOPOWER TECHNOLOGIES PVT. LTD.
REGISTERED OFFICE:
33, POCKET-1, JASOLA,
NEW DELHI-110025
CORPORATE OFFICE:
A-4, PHASE-II, NOIDA-201305 (U.P)
THROUGH ITS DIRECTOR & CEO,
MR. VARUN MANWANI
MOBILE NO. 9910037172
EMAIL: [email protected] .....PLAINTIFF
Versus
1. MS. SANGEETA SINGH
PROPRIETOR OF M/S. LIGHTING TECHNO
KHASRA 258, GOKUL BHAWAN,
2nd FLOOR, LANE 4, WESTERN MARG,
NEAR SAKET METRO STATION,
NEW DELHI-110030
ALSO AT:
D-66, 2nd FLOOR, PARYAWARAN COMPLEX,
SAKET, NEW DELHI-110030
CONTACT NOS.: 9560825283, 8860240856, 9007093922
EMAIL: [email protected]
2. MR. SUNIL SINGH
AR/MANAGER OF M/S. LIGHTING TECHNO
D-66, 2nd FLOOR, PARYAWARAN COMPLEX,
SAKET, NEW DELHI-110030
CONTACT NOS: 9810635191, 7291858235
EMAIL: [email protected]
..... DEFENDANTS
CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 1 of 10
Date of Institution : 11.03.2022
Reserved for judgment : 16.01.2024
Date of Judgment : 18.01.2024
JUDGMENT
1. The plaintiff has filed the present suit against the defendants for recovery of Rs. 34,55,783.80/- (Rupees Thirty Four Lakh Fifty Five Thousand Seven Hundred Eighty Three and paisa eighty Only) along with pendente lite and future interest.
2. Brief facts, as per plaint, are that the plaintiff is a company initially incorporated under the Companies Act, 1956 as a public company and later converted into a private company having its registered office at 33, Pocket-1, Jasola, New Delhi-110025 and production facility cum Corporate Office at A-4, Phase-II, Noida- 201305 (UP). It is submitted that the plaintiff is engaged in the manufacturing of various electrical and electronics items such as Printed Circuit Boards (PCB), Printed Circuit Boards Assembly (PCBA), LED lights and parts and storage devices etc. It is further submitted that the products made by the plaintiff company are not only popular in India but are also exported to many foreign countries.
3. It is submitted that the present suit has been verified, signed, filed and instituted by Mr. Varun Manwani, Director & CEO of the plaintiff company, who has been authorized to take all appropriate action with respect to recovery of the dues against defendants vide Board Resolution dated 30.12.2021. It is further submitted that defendant no.1 is the sole proprietor of a firm namely, M/s. Lighting Techno and is engaged in the business of various electrical and electronics item (hereinafter referred to as 'the said firm'). The defendant no. 2 is the CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 2 of 10 manager/representatives of the said firm and that all the defendants are the persons responsible for the day to day working of the business of the said firm and have also interacted with the representatives of the plaintiff company and therefore, the defendant no. 2 is also severally and vicariously liable to make the payments towards the outstanding amount payable to the plaintiff.
4. It is stated that an agreement dated 20.05.2016 was executed between the plaintiff and the defendant firm, whereby it was appointed as a selling agent of the plaintiff company to sell its products i.e. PCB. The said agreement dated 20.05.2016 contained various terms and conditions, one of which was that the plaintiff company will grant to the said firm, credit period of 30 days which would be increased to 45 days based on the performance of the said firm and initially. Said agreement dated 20.05.2016 was valid only for one year from the date of its execution. However, even after its expiry, the business transactions continued between the plaintiff and the defendants on the basis of terms and conditions of the said agreement dated 20.05.2016.
5. It is submitted that the defendants have failed to clear their outstanding payments citing financial setbacks but for the past few months, defendants have stopped responding to various emails and messages of the plaintiff company and that the action of the defendants have made it clear that they have no intention to pay the outstanding amount. It is submitted that the cheques issued in favour of the plaintiff towards the satisfaction of defendants' dues have returned unpaid with the remarks "Exceeds Arrangements". The details of the same are as under:
CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 3 of 10 S. Cheque No. Cheque Date Cheque Date of Reason for No. Amount Dishonour Dishonour
1. 001205 10.01.2020 1,50,000.00 10.01.2020 Exceeds Arrangement
2. 001213 20.01.2020 1,50,000.00 24.01.2020 Exceeds Arrangement
3. 001214 30.01.2020 2,00,000.00 30.01.2020 Exceeds Arrangement
4. 001215 10.02.2020 1,50,000.00 10.02.2020 Exceeds Arrangement
5. 001206 20.02.2020 1,50,000.00 24.02.2020 Exceeds Arrangement
6. 001257 25.02.2020 1,00,000.00 25.02.2020 Exceeds Arrangement
7. 001217 10.03.2020 1,50,000.00 12.03.2020 Exceeds Arrangement
8. 001218 20.03.2020 1,50,000.00 20.03.2020 Exceeds Arrangement
9. 001207 30.03.2020 2,00,000.00 07.04.2020 Exceeds Arrangement
10. 001219 10.04.2020 1,50,000.00 05.06.2020 Exceeds Arrangement
11. 001220 20.04.2020 1,50,000.00 05.06.2020 Exceeds Arrangement
12. 001221 30.04.2020 2,00,000.00 05.06.2020 Exceeds Arrangement
13. 001222 10.05.2020 1,50,000.00 05.06.2020 Exceeds Arrangement
14. 001223 20.05.2020 1,50,000.00 05.06.2020 Exceeds Arrangement
15. 001224 30.05.2020 2,00,000.00 05.06.2020 Exceeds Arrangement
16. 001303 31.12.2020 25,000.00 01.01.2021 Exceeds Arrangement Total 24,25,000.00
6. It is submitted that the plaintiff had informed the defendants about the dishonoured cheques and also reminded to clear their dues in order to maintain good business relations. It is CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 4 of 10 further submitted that the plaintiff had granted time to the defendants to clear their dues and keeping in mind the past relationship and the level of trust and understanding, no legal proceedings under the Negotiable Instruments Act were initiated on the basis of dishonoured cheques of defendant. It is further submitted that the defendants made payment of Rs. 50,000/- on 20.07.2020 through NEFT and the said payment has been deducted from their total dues and as per the running account in the name of said firm, in the books of plaintiff, there remains a total outstanding of Rs. 26,56,853.30 (Rupees Twenty Six Lakh Fifty Six Thousand Eight Hundred Fifty Three and Paisa Thirty Only) towards the pending invoices. Plaintiff also claimed an amount of Rs. 7,98,930.50 (Rupees Seven Lakh Ninety Eight Thousand Nine Hundred Thirty and Paisa Fifty Only) towards the simple interest calculated @ 12% p.a. from the date of concerned invoices till 31.01.2022. As stated further, an interest of Rs. 873.49/- (Rupees Eight Hundred Seventy Three and Paisa Forty Nine Only) at the daily rate is also accruing on the outstanding amount after 31.01.2022. It is submitted that total sum of Rs. 34,55,783.80/- (Rupees Thirty Four Lakh Fifty Five Thousand Seven Hundred Eighty Three and Paisa Eighty Only) is payable by the defendants, jointly and severally to the plaintiff. It is further submitted that since the defendants were not coming forward to clear their outstanding dues, the plaintiff was constrained to issue a Legal Notice dated 22.12.2020 thereby calling upon the defendants to make the payment towards its outstanding legal liability alongwith interest @ 12% per annum within 15 days from the date of receipt of the same. However, even after service of said legal notice, the defendants did not even reply to the said notice nor made any payment to the CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 5 of 10 plaintiff and that after the service of said legal notice, defendants' another cheque got dishonoured on 01.01.2021 with the endorsement "Exceeds Arrangement".
7. Summons of the suit were issued to the defendants and the defendants were duly served on 11.01.2023 in terms of process server's report filed on record. However, defendants failed to appear and hence they were proceeded ex-parte vide order dated 16.02.2023.
8. The plaintiff examined Sh. Varun Manwani, AR/Director & CEO of the plaintiff company as PW-1, who tendered his evidence affidavit Ex.PW1/A, and relied upon following documents:-
1. Certificate of Incorporation of the plaintiff-company Ex.PW1/1
2. Company Master Data of plaintiff Ex.PW1/2
3. Board resolution dated 30.12.2021 Ex.PW1/3
4. Agreement for appointment of selling agent for a Ex.PW1/4 Territory of India dated 20.05.2016
5. Purchase order No. PCB-PO-LT-19-20-0059 dt. Ex.PW1/5 26.04.2019 with concerned email
6. Purchase order No. PCB-PO-LT-19-20-0064 dt. Ex.PW1/6 29.04.2019 with concerned email
7. Purchase order No. PCB-PO-LT-19-20-0084 dt. Ex.PW1/7 04.05.2019 with concerned email
8. Purchase order No. PCB-PO-LT-19-20-0090 dt. Ex.PW1/8 07.05.2019 with concerned email
9. Purchase order No. 2019-20-MAY-100 dt. 13.05.2019 Ex.PW1/9 with concerned email
10. Purchase order No. PCB-PO-LT-19-20-0105 dt. Ex.PW1/10 17.05.2019 with concerned email
11. Purchase order No. PCB-PO-LT-19-20-0108 dt. Ex.PW1/11 20.05.2019 with concerned email
12. Purchase order No. PCB-PO-LT-19-20-0113 dt. Ex.PW1/12 21.05.2019 with concerned email
13. Purchase order No. PCB-PO-LT-19-20-0115 dt. Ex.PW1/13 21.05.2019 with concerned email
14. Purchase order No. 2019-20-MAY-0123 dt. Ex.PW1/14 30.05.2019 with concerned email
15. Purchase order No. PCB-PO-LT-19-20-0126 dt. Ex.PW1/15 01.06.2019 with concerned email
16. Purchase order No. PCB-PO-LT-19-20-0129 dt. Ex.PW1/16 CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 6 of 10 03.06.2019 with concerned email
17. Purchase order No. PCB-PO-SVC-19-20-0136 dt. Ex.PW1/17 06.06.2019 with concerned email
18. Purchase order No. PCB-PO-LT -19-20-0137 dt. Ex.PW1/18 10.06.2019 with concerned email
19. Purchase order No. PCB-PO-LT -19-20-0142 dt. Ex.PW1/19 14.06.2019 with concerned email
20. Purchase order No. PCB-PO-LT -19-20-0143 dt. Ex.PW1/20 14.06.2019 with concerned email
21. Purchase order No. PCB-PO-LT -19-20-0144 dt. Ex.PW1/21 15.06.2019 with concerned email
22. Purchase order No. 2019-LT-19-20-0161 dt. Ex.PW1/22 22.06.2019 with concerned email
23. Purchase order No. 2019-LT-19-20-0162 dt. Ex.PW1/23 24.06.2019 with concerned email
24. Purchase order No. 2019-LT-19-20-0176 dt. Ex.PW1/24 01.07.2019 with concerned email
25. Purchase order No. PCB-PO-LT-19-20-0207 dt. Ex.PW1/25 06.08.2019 with concerned email
26. Purchase order No. PCB-PO-LT-19-20-0221 dt. Ex.PW1/26 12.08.2019 with concerned email
27. Invoice No.GST-0152, dated 30.05.2019 Ex.PW1/27
28. Invoice No.GST-0157, dated 31.05.2019 Ex.PW1/28
29. Invoice No.GST-0159, dated 31.05.2019 Ex.PW1/29
30. Invoice No.GST-0167, dated 31.05.2019 Ex.PW1/30
31. Invoice No.GST-0169, dated 05.06.2019 Ex.PW1/31
32. Invoice No.GST-0172, dated 06.06.2019 Ex.PW1/32
33. Invoice No.GST-0180, dated 12.06.2019 Ex.PW1/33
34. Invoice No.GST-0195, dated 19.06.2019 Ex.PW1/34
35. Invoice No.GST-0197, dated 19.06.2019 Ex.PW1/35
36. Invoice No.GST-0200, dated 21.06.2019 Ex.PW1/36
37. Invoice No.GST-0219, dated 26.06.2019 Ex.PW1/37
38. Invoice No.GST-0221, dated 27.06.2019 Ex.PW1/38
39. Invoice No.GST-0235, dated 29.06.2019 Ex.PW1/39
40. Invoice No.GST-0243, dated 29.06.2019 Ex.PW1/40
41. Invoice No.GST-0255, dated 29.06.2019 Ex.PW1/41
42. Invoice No.GST-0267, dated 10.07.2019 Ex.PW1/42
43. Invoice No.GST-0275, dated 11.07.2019 Ex.PW1/43
44. Invoice No.GST-0285, dated 15.07.2019 Ex.PW1/44
45. Invoice No.GST-0297, dated 17.07.2019 Ex.PW1/45
46. Invoice No.GST-0305, dated 19.07.2019 Ex.PW1/46
47. Invoice No.GST-0313, dated 23.07.2019 Ex.PW1/47
48. Invoice No.GST-0328, dated 27.07.2019 Ex.PW1/48
49. Invoice No.GST-0420, dated 28.08.2019 Ex.PW1/49
50. Invoice No.GST-0436, dated 30.08.2019 Ex.PW1/50
51. Cheque No. 001205 dated 10.01.2020 Ex.PW1/51
52. Return Memo dated 10.01.2020 Ex.PW1/52
53. Cheque No. 001213 dated 20.01.2020 Ex.PW1/53
54. Return Memo dated 24.01.2020 Ex.PW1/54 CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 7 of 10
55. Cheque No. 001214 dated 30.01.2020 Ex.PW1/55
56. Return Memo dated 30.01.2020 Ex.PW1/56
57. Cheque No. 001215 dated 10.02.2020 Ex.PW1/57
58. Return Memo dated 10.02.2020 Ex.PW1/58
59. Cheque No. 001206 dated 20.02.2020 Ex.PW1/59
60. Return Memo dated 24.02.2020 Ex.PW1/60
61. Cheque No. 001257 dated 25.02.2020 Ex.PW1/61
62. Return Memo dated 25.02.2020 Ex.PW1/62
63. Cheque No. 001217 dated 10.03.2020 Ex.PW1/63
64. Return Memo dated 12.03.2020 Ex.PW1/64
65. Cheque No. 001218 dated 20.03.2020 Ex.PW1/65
66. Return Memo dated 20.03.2020 Ex.PW1/66
67. Cheque No. 001207 dated 30.03.2020 Ex.PW1/67
68. Return Memo dated 07.04.2020 Ex.PW1/68
69. Cheque No. 001219 dated 10.04.2020 Ex.PW1/69
70. Return Memo dated 05.06.2020 Ex.PW1/70
71. Cheque No. 001220 dated 20.04.2020 Ex.PW1/71
72. Return Memo dated 05.06.2020 Ex.PW1/72
73. Cheque No. 001221 dated 30.04.2020 Ex.PW1/73
74. Return Memo dated 05.06.2020 Ex.PW1/74
75. Cheque No. 001222 dated 10.05.2020 Ex.PW1/75
76. Return Memo dated 05.06.2020 Ex.PW1/76
77. Cheque No. 001223 dated 20.05.2020 Ex.PW1/77
78. Return Memo dated 05.06.2020 Ex.PW1/78
79. Cheque No. 001224 dated 30.05.2020 Ex.PW1/79
80. Return Memo dated 05.06.2020 Ex.PW1/80
81. Cheque No. 001303 dated 31.12.2020 Ex.PW1/81
82. Return Memo dated 01.01.2021 Ex.PW1/82
83. Ledger A/c of Defendant-firm in the books of Plaintiff Ex.PW1/83
84. Transcriptions of the WhatsApp communication Ex.PW1/84 exchanged between the parties
85. Legal Notice dated 22.12.2020 along with Original Ex.PW1/85 postal receipts, printout of email, delivery reports
86. Non-Starter Report dated 11.11.2021 Ex.PW1/86
87. GST registration details of the Defendants' firm Ex.PW1/87
88. Certificate U/s 65-B of the Evidence Act, 1872 Ex.PW1/88 Evidence of the plaintiff was closed vide statement of AR of plaintiff company recorded on 22.09.2023.
9. In terms of case of plaintiff, pursuant to the business transactions between the parties, goods were supplied to the defendant by plaintiff company vide invoices Ex. PW1/27 to Ex. PW1/50. Part payments against the said invoices were made by defendant on different occasions, leaving the outstanding amount CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 8 of 10 as Rs. 34,55,783.80/-, which was not cleared despite repeated requests made by plaintiff.
10. Defendant, did not file its written statement along with statement of truth, affidavit of admission and denial of documents as well as its own documents within the stipulated period and also did not appear. Hence, was proceeded ex-parte. PW1 has proved on record invoices as Ex. PW1/27 to Ex. PW1/50. Ledger Account of defendant firm in the books of plaintiff maintained by plaintiff for the period between 01.04.2019 to 31.01.2022 has been brought on record as Ex. PW1/83.
11. The averments made in the plaint (which is supported with the affidavit and statement of truth) remain uncontroverted, unrebutted and unchallenged for the failure of defendant to appear in the matter and to contest the same. Defendant even did not participate in Pre-Insitution Mediation Proceedings and non- starter report was issued.
12. In terms of Ledger account maintained by the plaintiff and placed on record as Ex. PW1/83, after the last payment made by defendant on 01.01.2021, the outstanding principal amount was Rs. 26,56,853.30/-. Cheques issued by defendant were dishounoured. The plaintiff did not file proceedings U/s 138 NI Act and on the requset of defendant granted time to the defendants to clear their dues, keeping in mind the past relationship and the level of trust and understanding.
13. Defendant no.1 is proprietor of M/s. Lighting Techno and defendant no.2 is stated to be husband/Manager/AR of proprietorship firm of defendant no.1. There are no allegations with regard to independent liablity of defendant no.2 with regard to business dealing between plaintiff and proprietorship firm of CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 9 of 10 defendant no.1. Accordingly, defendant no.1 is held liable to pay the amount alongwith interest. Plaintiff has claimed interest @ 12% p.m. on the suit amount. There was no specific agreement between the parties for payment of interest at the said rate. Considering the prevailing banking rates, this court is inclined to grant interest @ 9% p.a. calculated as Rs. 5,85,075.30/- as on 31.01.2022 on the outstanding principal amount of Rs. 26,56,853.30/- (Rupees Twenty Six Lakh Fifty Six Thousand Eight Hundred Fifty Three Only) aggregating to Rs. 32,41,928.60/- (Rupees Thirty Two Lakh Forty One Thousand Nine Hundred Twenty Eight and Sixty Paise Only) from the respective dates of non-payment against the invoices as per the chart prepared by plaintiff and placed on record.
14. Relief: Instant suit is accordingly decreed with cost in favour of the plaintiff and against the defendant no.1 for an amount of Rs. 32,41,928.60/- (Rupees Thirty Two Lakh Forty One Thousand Nine Hundred Twenty Eight and Sixty Paise Only) alongwith pendente lite and future interest on the outstanding principal amount of Rs. 26,56,853.30/- (Rupees Twenty Six Lakh Fifty Six Thousand Eight Hundred Fifty Three Only).
15. Decree sheet be prepared accordingly. After completion of formalities, file be consigned to record room.
Announced in the open Court
on 18th Day of January 2024
Digitally signed
SAVITA by SAVITA RAO (Savita Rao)
Date:
District Judge (Commercial Court)-01,
RAO 2024.01.18
15:29:09 +0530 South District/Saket Courts,
New Delhi.
CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 10 of 10
CS (COMM)183/22
INFOPOWER TECHNOLOGIES PVT. LTD. Vs. MS. SANGEETA SINGH 18.01.2024 Present : Sh. Varun Jain, Ld. Counsel for plaintiff (through VC).
The defendant is already ex-parte vide order dated 16.02.2023.
Chart with regard to calculation of interest @ 9% has been placed on record.
Further ex-parte final arguments have been heard. Vide separate detailed judgment announced in the open court today, instant suit is decreed with cost in favour of the plaintiff and against the defendant no.1 for an amount of Rs. 32,41,928.60/- (Rupees Thirty Two Lakh Forty One Thousand Nine Hundred Twenty Eight and Sixty Paise Only) alongwith pendente lite and future interest on the outstanding principal amount of Rs. 26,56,853.30/- (Rupees Twenty Six Lakh Fifty Six Thousand Eight Hundred Fifty Three Only). Decree sheet be prepared accordingly. After completion of formalities, file be consigned to record room.
(Savita Rao) District Judge (Commercial Court)-01 (South)/Saket Courts, New Delhi/18.01.2024 CS (Comm) 183/22 Infopower Technologies Pvt. Ltd. Vs. Sangeeta Singh Page No.: 11 of 10