Delhi District Court
M/S Modi Infosol Pvt Ltd vs Arihant Informatics on 25 March, 2021
IN THE COURT OF SH. GAGANDEEP JINDAL
JSCC, ASCJ, SCJ, GJ SOUTH EAST DISTRICT,
SAKET COURTS, NEW DELHI
CS SCJ 1121/2019
CNR No.DLSE03-001544-2019
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. Arihant Informatics
Through Proprietor
201 Aaditya Arcade 2nd floor,
Topiwal Lane D.B. Road,
Lamington Road, Mumbai-400007.
2. Arvind Sanghvi (Sole Proprietor)
Arihant Informatics
201 Aaditya Arcade 2nd floor,
Topiwal Lane D.B. Road,
Lamington Road, Mumbai-400007......... Defendants
SUIT FOR RECOVERY FOR A SUM OF
Rs.2,29,668/- ALONG WITH 18% PENDENTE
AND FUTURE INTEREST
Date of Institution of the case : 01.07.2019
Date of reserve of judgment : 17.03.2021
Date of pronouncement of judgment : 25.03.2021
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 create competitive advantage. Plaintiff Company also deals CS SCJ 1121/2019 M/s Modi Infosol Pvt Ltd Vs Arihant Informatics Page No.1 of 5 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. 2 is sole proprietor of defendant no.1, who is responsible for its affairs and management. That the defendant no.2 approached Plaintiff for supply for various computer goods more specifically ASUS serves and motherboard on their respective agreed price list from 2015 on running account basis. The Plaintiff Company has made due and timely supply of all orders placed by defendants which have been duly received by the defendants. 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. No payment qua the same was made by defendants. As on date defendants are required to pay sum of Rs.87,717/- on account delay in payment to Plaintiff.
3. Plaintiff supplied goods under the following invoices for which no payment has been received by Plaintiff despite repeated requests and reminders.
Invoice No. Invoice value Invoice date
(Rs.)
ADN/1093 26500 23.02.2017
ADN/17-18/33 13280 15.04.2017
ADN/175 69763 30.06.2015
(balance)
ADN/383 32408 03.09.2016
(balance)
Total 141951/-
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4. The dealings between the parties continued up till 24.08.2018 when the last payment was made by defendants to Plaintiff. The defendants are liable for a total sum of Rs. 2,29,668/- i.e. Rs. 1,41,951/-and Rs.87,717/- as interest on delayed payment received beyond the credit period of 30 days, to the Plaintiff. Plaintiff sent legal notice on 12.04.2019 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 28.08.2019. But they have never appeared in the court and proceeded ex-parte vide order dated 21.12.2019.
6. Thereafter, 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). He has also tendered his additional evidence by way of affidavit Ex.PW1/X.
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) Board Resolution is Ex.PW1/1;
b) Ledger of Plaintiff company is Ex.PW1/2 (colly);
c) Invoices with delivery challans is Ex.PW1/3 (colly);
d) Certificate u/s 65-B Indian Evidence Act is Ex.PW1/4;
e) 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 CS SCJ 1121/2019 M/s Modi Infosol Pvt Ltd Vs Arihant Informatics Page No.3 of 5 shows that defendant had purchased goods from the plaintiff from to time against invoices Ex.PW1/3 (colly). The defendant had made part payment of invoice no.ADN/175 and ADN/383. Therefore, the plaintiff has claimed total principal outstanding amount of Rs.1,41,951/-towards goods supplied to the defendant.
10. The plaintiff has also claimed Rs.87717/- as interest @ 18% p.a. on account of delay in payment. There is no document on record to prove that plaintiff is entitled to recover interest @ 18% p.a. for delay in the payment beyond credit period of 30 days. Therefore, the plaintiff is not entitled for recovery of Rs.87,717/-as interest.
11. 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. Further, the suit of the plaintiff is within the territorial jurisdiction of this court and within prescribed period of limitation as per the Limitation Act.
12. 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.
13. In the light of oral and documentary evidence on record, the suit of the plaintiff is decreed in favour of the CS SCJ 1121/2019 M/s Modi Infosol Pvt Ltd Vs Arihant Informatics Page No.4 of 5 plaintiff and against the defendant, for a sum of Rs.1,41,951/- 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.
14. Decree sheet be drawn accordingly. File be consigned to record room, after due compliance.
Digitally signed by GAGANDEEP GAGANDEEP JINDAL
JINDAL Date: 2021.03.26
(Announced in the open court 17:37:08 +0530
on 25th March 2021) (Gagandeep Jindal)
JSCC/ASCJ/SCJ/GJ
South East District/Saket Courts
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