Delhi District Court
M/S Advance Polymers vs Shankar Lal Gupta on 9 February, 2026
IN THE COURT OF MS. POORVA MEHRA
CIVIL JUDGE-02, SOUTH-EAST DISTRICT,
SAKET COURTS, NEW DELHI
In the matter of:-
CS SCJ 1041/2020
M/S. ADVANCE POLYMERS VS. SHANKAR LAL GUPTA
M/s. Advance Polymers
Through its Authorized Representative,
Sh. Nitin Giri,
having office at D-12/2, Phase-II,
Okhla Industrial Area,
New Delhi-110020. ..................Plaintiff
Vs.
Sh. Shankar Lal Gupta
Proprietor of M/s. Gupta Plastic & Co.
37, JAI Bibi Road, Ghusari,
Howrah-711107. ...........Defendant
SUIT FOR RECOVERY
Date of institution of the suit : 28.10.2020
Date of judgment : 09.02.2026
CS SCJ 1041/20 Poorva Mehra
Advance Polymers Vs. Shakar Lal Gupta Civil Judge-02/SED
Page no. 1 of 8 Saket Court, ND/09.02.2026
JUDGMENT
1. Vide this judgment, this Court shall decide the present suit for recovery of Rs.1,54,817/- (Rupees One Lakh Fifty Four Thousand Eight Hundred Seventeen Only) alongwith pendente-lite and future interest @ 18% per annum, filed by the Plaintiff Company against the Defendant.
BRIEF FACTS AS PER THE PLAINT:-
2. Plaintiff is a Partnership firm which is engaged in the business of manufacturing and supply of Plastic Strip, having its Registered Office at D-5/1, Okhla Industrial Area, Phase-II, New Delhi-110020. Plaintiff Company firm has filed the present suit through his Field Executive, Sh. Nitin Giri, who is duly authorized to file, sign, verify and take all such steps in respect of the present suit, vide Authorization Letter dated 24.02.2020. He is completely aware about the fact and circumstances of the present case on the basis of record maintained by the Plaintiff Company in the ordinary course of business.
3. Defendant Sh. Shankar Lal Gupta is the Proprietor of M/s.
Gupta Plastic & Co. and responsible for and in-charge of its day to day business activities. Defendant is personally aware of the transactions entered in with the Plaintiff Company.
CS SCJ 1041/20 Poorva Mehra Advance Polymers Vs. Shakar Lal Gupta Civil Judge-02/SED Page no. 2 of 8 Saket Court, ND/09.02.2026
4. Defendant approached the Plaintiff Company for supply of plastic strip/ goods for his proprietorship firm. Defendant assured the Plaintiff Company that prompt payment shall be made against the supply of the said goods. Plaintiff Company believing the promise, assurance and representation made by the Defendant and agreed to supply the demanded plastic strip/ goods to the Defendant's firm and raised invoices for the said supply duly acknowledged by the Defendant.
5. During the course of business, Plaintiff Company maintained the statement of account of the Defendant's firm which clearly shows the supply of goods by the Plaintiff Company to Defendant. As per the goods supplied invoices raised and account statement maintained by the Plaintiff Company, the outstanding balance of Rs.1,15,107/- as on 18.04.2018 is being shown against the Defendant.
6. Thereafter, Plaintiff Company made several requests and reminders to Defendant and requested to clear the above- said outstanding dues but the Defendant did not clear the same.
7. Therefore, Plaintiff Company was constrained to send a Legal Notice dated 05.09.2018 and 05.02.2020 to Defendant through its Counsel thereby demanding the outstanding payment, but, to no avail.
CS SCJ 1041/20 Poorva Mehra Advance Polymers Vs. Shakar Lal Gupta Civil Judge-02/SED Page no. 3 of 8 Saket Court, ND/09.02.2026
8. It is claimed that Defendant is liable to pay a sum of Rs.
1,15,107/- towards principal outstanding dues alongwith interest of Rs.39,710/- (i.e. 18% per annum from 18.04.2018 to 18.03.2020) as per books of account maintained with respect to the dealings with the Defendant. Thus, the total due amount as on the date of filing of the suit is Rs.1,54,817/- alongwith pendente-lite and future interest @ 18% per annum till realization.
9. Hence, the present suit for recovery.
SUMMONS:-
10. As a matter of abundant caution, the court had ordered issuance of summons upon the Defendant through all permissible modes, however, the process received back unserved. Thereafter, Defendant was served through publication carried out in newspapers namely, "Statesman" (English) and "Veer Arjun" (Hindi) on 15.08.2024. Even after, Defendant failed to appear in court and failed to contest the suit. Thereafter, vide order dated 30.09.2024, Defendant was proceeded against Ex-Parte.
PLAINTIFF EVIDENCE:-
11. In Plaintiff Evidence, Sh. Nitin Giri, AR of the Plaintiff Company deposed as PW-1, vide affidavit of evidence exhibited as Ex.PW-1/A, bearing his signature at Point A and Point B, wherein he reiterated the contents of the plaint.
CS SCJ 1041/20 Poorva Mehra Advance Polymers Vs. Shakar Lal Gupta Civil Judge-02/SED Page no. 4 of 8 Saket Court, ND/09.02.2026
12. For the sake of brevity and to avoid repetition, the contents are not being reproduced again. Further, PW-1 relied upon the following documents i.e.:-
S. No. Documents Exhibits
1 The Authority Letter dated 24.02.2020 EX-PW-1/1
2 Invoices alongwith Transport Receipts EX-PW-1/2
3 Certified copy of Statement of accounts EX-PW-1/3 (Colly)
maintained by the Plaintiff Firm for the period 01.04.2017 to 31.03.2019 4 Coy of Legal Notice dated 05.09.2019 EX-PW-1/4 5 Postal Receipts of Legal Notice dated EX-PW-1/5 (Colly) 05.09.2019 & 05.02.2020 6 Certificate under Section 65B of IEA EX-PW-1/6 7 True copy of Registered Partnership Deed EX-PW-1/7 (OSR) 8 True copy of GSTR-1 EX-PW-1/8 9 Certificate under Section 63(4) of BSA EX-PW-1/9 2023
13. Thereafter, Plaintiff Evidence was closed.
FINAL ARGUMENTS:-
14. Ex-Parte final arguments were advanced by the Ld. Counsel for Plaintiff Company. I have heard the submissions and have also perused the entire case record meticulously.
CS SCJ 1041/20 Poorva Mehra Advance Polymers Vs. Shakar Lal Gupta Civil Judge-02/SED Page no. 5 of 8 Saket Court, ND/09.02.2026 FINDINGS:-
15. Perusal of the plaint reveals that the Plaintiff Company and Defendant's company had been maintaining commercial relationship. Defendant has availed the services of Plaintiff Company and Plaintiff Company has supplied the goods to Defendant's firm and has been been issuing invoices. Defendant has received the plastic strip/ goods supplied by the Plaintiff Company which is apparent through Transport receipts available on record. Thereafter, Plaintiff Company had raised the invoices. Thereafter, Plaintiff Company approached the Defendant and made repeated requested to make the payment of their due amount, however, all went in vein.
16. Thereafter, left with no other option, Plaintiff Company sent a legal notice dated 05.09.2019, however, Defendant failed to clear his outstanding payment to the Plaintiff Company.
17. In support of its claims, AR of Plaintiff Company was examined as PW-1. He relied upon the documents i.e. authority letter dated 24.02.2020 as Ex.PW-1/1, invoices alongwith transport receipts as Ex.PW-1/2, certified copy of statement of accounts maintained by Plaintiff Company for the period of 01.04.2017 to 31.03.2019 as Ex.PW-1/3 (Colly), copy of Legal Notice dated 05.09.2019 as Ex.PW-1/4, postal receipts as Ex.PW-1/5 (Colly), certificate under Section 65B of IEA as Ex.PW-1/6, true copy of Registered Partnership Deed as Ex.PW-1/7 (OSR), CS SCJ 1041/20 Poorva Mehra Advance Polymers Vs. Shakar Lal Gupta Civil Judge-02/SED Page no. 6 of 8 Saket Court, ND/09.02.2026 true copy of GSTR-1 as Ex.PW-1/8 and certificate under Section 63(4) of BSA 2023 as Ex.PW-1/9.
18. Apparently, Defendant has been duly served through publication dated 15.08.2024, however, Defendant neither appeared in court nor filed its reply to controvert the allegations and evidence adduced by the Plaintiff Company. Therefore, there is no reason to disbelieve the testimony of PW-1.
19. Plaintiff Company has claimed that it is entitled to recover Rs.1,15,107/- towards principal outstanding dues alongwith interest of Rs.39,710/- (i.e. 18% per annum from 18.04.2018 to 18.03.2020) totalling to a sum of Rs.1,54,817/- alongwith pendente-lite and future interest @ 18% per annum till realization.
20. However, rate of interest i.e. 18% per annum is exceptionally high and cannot be allowed considering the law of equity.
21. In view of the unrebutted testimony of PW-1 and various documents placed and proved on record and in absence of any evidence to the contrary, this court is of the view that the Plaintiff has proved its case and is entitled to recover a sum of Rs.1,15,107/- alongwith interest @ 9% per annum from 18.04.2018 till the date of decree.
22. No order as to the cost of the suit.
CS SCJ 1041/20 Poorva Mehra Advance Polymers Vs. Shakar Lal Gupta Civil Judge-02/SED Page no. 7 of 8 Saket Court, ND/09.02.2026
23. Decree sheet be prepared accordingly.
24. File be consigned to record room after due compliance.
Pronounced in the open court (Poorva Mehra) today on 09.02.2026 Civil Judge-02, South-East Saket Court, New Delhi It is certified that this judgment contains 08 pages and each page bears my signatures.
(Poorva Mehra)
Civil Judge-02, South-East,
Saket Court, New Delhi
CS SCJ 1041/20 Poorva Mehra
Advance Polymers Vs. Shakar Lal Gupta Civil Judge-02/SED
Page no. 8 of 8 Saket Court, ND/09.02.2026