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Delhi District Court

Mr. Rakesh Gupta vs Usher Agro Limited on 2 November, 2019

  IN THE COURT OF SH. ANSHUL MEHTA: CIVIL JUDGE-04:
    CENTRAL DISTRICT: TIS HAZARI COURT: NEW DELHI

Case No. 952/18

IN THE MATTER OF:-

Mr. Rakesh Gupta
Sole Proprietor of M/s Vijay Sales Corporation
Registered office at:
3356 Hauz Qazi,
Delhi-110006.
                                     ...                   Plaintiff.

                                     Versus
Usher Agro Limited
Through its Managing Director,
Having its Registered Office at:
422, Laxmi Plaza, Laxmi Industrial Estate,
New Link Road, Andheri (W),
Mumbai, Maharashtra-400053

Also at:
158, Gohari, 109 Km Stone,
Agra- Delhi Highway,
NH 2, Tehsil Ghata,
District Mathura,
Uttar Pradesh-281403                            ... Defendant.


Date of filing                                : 21.03.2018
Date of Institution                           : 23.03.2018
Date of pronouncing judgment                  : 02.11.2019


                  SUIT FOR RECOVERY OF RS. 2,30,840/-

JUDGMENT

Vide this judgment, I shall dispose off the present suit filed by the plaintiff for recovery of rent of Rs. 2,30,840/- alongwith interest @ 24%p.a.. The brief facts of the present case are as follows:-

Rakesh Gupta v. Usher Agro Limited Judgment dated 02.11.2019 Page no. 1 of 5

1. That the plaintiff is the sole proprietor of M/s Vijay Sales Corporation. The plaintiff is a distributor of Jindal Pipes Ltd., Maharashtra Seamless Ltd. And various other accessories (fitting , valves, elbows etc.).

2. That the defendant is a Company incorporated under the provisions of the Companies Act, 1956. The defendant contacted the plaintiff in January 2014 and placed orders of the various goods. The said goods, as per order, were supplied by the plaintiff time to time to the complete satisfaction of the defendant.

3. A running account of the goods supplied to and the payment received from the defendant is maintained by the plaintiff and as per the said account, a payment of Rs.2,30,840/- due to be paid by the defendant to the plaintiff.

4. Despite repeated reminders, the defendant did not make the payment due to the plaintiff. Therefore, the present suit is filed by the plaintiff for the recovery of Rs. 2,30,840/- alongwith interest @24% p.a. and further seeking a relief of pendente lite and future interest of @24% p.a. and the cost of the suit.

5. The defendant was duly served with the summons of the present suit on 09.05.2018. Despite service of Case No. 952/18 Rakesh Gupta v. Usher Agro Limited Judgment dated 02.11.2019 Page no. 2 of 5 summons, defendant neither turned up in the court nor filed Written Statement and accordingly defendant was proceeded exparte vide order dated 29.03.2019.

6. In his exparte evidence, the plaintiff examined himself as PW-1 who tendered his evidence by way of affidavit Ex. PW1/A and relied upon the following documents:-

i). Original Invoice dated 20.01.2014 is Ex.PW1/1.

ii). Original Invoice dated 28.01.2014 bearing no.

11404 is Ex.PW1/2.

iii). Original Invoice dated 28.01.2014 bearing no.

11405 is Ex.PW1/3.

iv). Original Invoice dated 28.01.2014 bearing no.

11406 is Ex.PW1/4.

v). Original Invoice dated 19.03.2014 bearing no.

11489 is Ex.PW1/5(colly).

vi). Original Invoice dated 19.03.2014 bearing no. 2881 is Ex.PW1/6(colly).

vii). Original Invoice dated 26.03.2014 bearing no.

11599 is Ex.PW1/7(colly).

viii). Original Invoice dated 26.03.2014 bearing no.

11602 is Ex.PW1/8(colly).

ix). Statement of running account maintained by the plaintiff of the defendant is Ex.PW1/9.

x). Copy of e-mail dated 01.04.2014 is Ex.PW1/10.

xi). Invoice no. 003 dated 01.04.2014 and invoice No. 11705 dated 01.04.2014 is Ex.PW1/11 (colly).

xii). Purchase order dated 07.04.2014 is Ex.PW1/12.

xiii). Original invoice no. 11731 dated 15.04.2014 alongwith receiving stamp of defendant is Ex.PW1/13.

xiv). Original invoice no. 11736 dated 29.04.2014 alongwith receiving stamp of defendant is Ex.PW1/14.

xv). Invoice No. 11776 dated 29.04.2014 alongwith good receipt is Ex.PW1/15(colly). xvi). Copy of e-mail dated 13.9.2014 is Ex.PW1/16. xvii). Copy of Bank account statement of the deponent showing payment of Rs.7,38,563/- is Ex.PW1/17.

Rakesh Gupta v. Usher Agro Limited Judgment dated 02.11.2019 Page no. 3 of 5 xviii).Copies of several e-mails sent by deponent to the defendants requesting for payments is Ex.PW1/18(colly).

7. Despite opportunity given, defendant did not cross-

examine PW-1 and further failed to lead any defence witness. At the stage of final arguments also, no one turned up on behalf of defendant.

8. I have heard exparte final arguments on behalf of the plaintiff. The defendant was proceeded exparte in this case. The evidence of PW-1 stands unrebutted and unchallenged as PW-1 was never cross-examined by the defendant. In view of the unchallenged testimony of PW-1 and on the basis of material on record, it may be said that the plaintiff has been able to prove his case for the recovery amount of Rs. 2,30,840/- on the basis of preponderance of probabilities.

9. Plaintiff has also prayed for interest @24% p.a. on the amount due to the plaintiff. For the same, plaintiff has relied upon the invoices which clearly mentions that interest @24% will be charged if the bill is not paid when due. However, the plaintiff has failed lead any evidence to show as to after how many days the bill becomes due. Therefore, the court is not inclined to grant any interest on the amount due to the plaintiff.

Rakesh Gupta v. Usher Agro Limited Judgment dated 02.11.2019 Page no. 4 of 5

10. As far as pendente lite and future interest is concerned, the plaintiff as sought the same @24% p.a. However, in the opinion of the court, it seems to be exorbitant and therefore, court is only inclined to grant pendente lite and future interest @12% p.a.

11. In view of the discussion above, the present suit is hereby decreed in favour of the plaintiff and against the defendant. The plaintiff is entitled to a decree for a sum of Rs.2,30,840/- alongwith pendente lite and future interest @12% p.a.

12. Cost of the suit be also awarded to the plaintiff.

13. With these observations, the present suit is disposed of. Decree sheet be prepared accordingly.

14. File be consigned to Record Room after due Digitally signed by compliance. ANSHUL ANSHUL MEHTA MEHTA Date: 2019.11.02 16:37:50 +0530 (Anshul Mehta) CJ-04, Central,THC/Delhi Announced in the open Court on this 2nd day of November, 2019 This judgment consists of 5 signed pages. Case No. 952/18 Rakesh Gupta v. Usher Agro Limited Judgment dated 02.11.2019 Page no. 5 of 5