Delhi District Court
Aslo At vs Sh. Naveen Bhargava on 8 December, 2022
IN THE COURT OF SHRI DEEPAK SHERAWAT: SENIOR CIVIL JUDGE
-CUM-RENT CONTROLLER, KARKARDOOMA COURTS (SHAHDARA).
CS No. 1176/21
Sh. Mahesh Kumar Sharma
S/o Sh. Gopi Chand Sharma
R/o H.No. 58-D, DDA Flats,
Mansarover Park, Shahdara,
Delhi-110032.
Aslo at:
Proprietor: M/S Bryank Interior
A-178, Street-6, Budh Vihar
Mandoli, Shahdara, Delhi-110093
..........Plaintiff
vs.
Sh. Naveen Bhargava
Prop: M/s. Ndesign Consultants
TH-74A2 DLF, New Town Heights
Sector-86, Gurugram Haryana
.........Defendant.
Date of Institution : 27.09.2022
Date of Reserving judgment : 08.12.2022
Date of Judgment : 08.12.2022
This is a suit for recovery of Rs. 64,800/- alongwith interest.
Ex-parte Judgment
1.This is the suit for recovery of money. The case of the plaintiff is that he supplied goods i.e. steel pipe basket to the defendant vide GST sales bills dated 29.08.2021 bearing No. BI4546 worth Rs. 94,000/- and the consignment of goods was delivered to the defendant. Thereafter, defendant deposited an amount of Rs. 20,000/- in the bank account of the plaintiff and paid cash of Rs. 9,200/- to the plaintiff as part payment.
Civil Suit No.1176/21 Mahesh Kumar Sharma Vs. Naveen Bhargava Page No.12. Thereafter, defendant issued a cheque bearing no. 988548 dated 25.09.2021 of Rs. 64,800/- which was returned unpaid when deposited by the plaintiff vide return memo datedd 29.09.2021 on account of the cheque being outdated w.e.f. 01.07.2021. Thereafter, the said cheque has been returned unpaid vide return memo dated 29.09.2021 by the bank as the aforesaid cheque has been outdated w.e.f. 01.07.2021. The defendant has failed to make payment of Rs. 64,800/- despite issuance of legal notice dated 05.10.2021
3. Defendant was served on 29.03.2022 but he neither appeared nor filed any written statement and he was declared exparte on 03.11.2022.
4. In ex-parte PE, plaintiff has examined himself as PW-1 and he has deposed on the basis of affidavit Ex. PW1/1 reiterating the facts of the case and relied upon the following documents:
(i) Sale Bill is Ex. PW-1/1. (ii) Cheque of Rs. 64,800/- is Ex. PW-1/2. (iii) Cheque returning memo is Ex. PW-1/3. (iv) Legal notice dated 05.10.2021 is Ex. PW-1/4. (v) Postal receipts is Ex. PW-1/5 (colly). (vi) Envelops received back is Ex. PW-1/6 (colly). 5. I have heard arguments and perused the record.
6. Plaintiff has produced in evidence the invoice no. BI4546 issued on 29.08.2021 as Ex. PW-1/1 to prove the for supply of goods to the defendant worth Rs.94,000/-. Plaintiff has testified that he received an amount of Rs. 20,000/- in the bank account and a cash of Rs. 9,200/- from the defendant towards part payment which adds upto Civil Suit No.1176/21 Mahesh Kumar Sharma Vs. Naveen Bhargava Page No.2 Rs. 29,200/-. Plaintiff has further produced in evidence the Cheque of Rs. 64,800/ as Ex. PW1/2 to prove that the defendant has the liability to pay Rs. 64,800/-. Plaintiff has further proved that the cheque got dishonored by producing in evidence Cheque returning memo as Ex. PW1/3. The unrebutted evidence of the plaintiff proves that the defendant has not discharged his liability of Rs. 64,800/- towards the plaintiff.
7. Therefore, the suit is decreed with costs. Defendant is directed to pay to the plaintiff a sum of Rs.64,800/- along with interest at the rate 12 % per annum from the date of filing of the suit till the date of decree and interest at the rate of 6 % per annum from the date of decree to the date of payment. Decree sheet be drawn. File be consigned to record room.
File be consigned to record room.
Typed to the dictation directly (Deepak Sherawat)
corrected and pronounced in SCJ/RC (Shahdara)
the open court on this 8th day Karkardooma Courts,
of December, 2022. Delhi/08.12.2022.
Civil Suit No.1176/21 Mahesh Kumar Sharma Vs. Naveen Bhargava Page No.3