Delhi District Court
M/S Okaya Power Pvt Ltd vs M/S Jmv Motors on 16 August, 2022
In the Court of Shri Dinesh Bhatt, District Judge (Commercial
Court)01, Tis Hazari Courts, West District, Delhi
CS (Comm.) No.296/2020
CNR No. DLWT010051842020
M/S OKAYA POWER PVT LTD
THROUGH ITS AUTHORISED REPRESENTATIVE
SHRI ANIL UPADHYAY,
H19, GROUND FLOOR,
UDYOG NAGAR, MAIN ROHTAK ROAD,
NEW DELHI110041
........Plaintiff
Versus
1.M/S JMV MOTORS THROUGH ITS PROPRIETOR SHRI MITRASEN YADAV COMPLEX, ALLAHABAD ROAD, NEAR PAYAGIPUR CHAURAHA SHYAM NAGAR, SULTANPUR228001 UP
2. SHRI MITRASEN PROPRIETOR OF M/S JMV MOTORS, YADAV COMPLEX, ALLAHABAD ROAD, NEAR PAYAGIPUR CHAURAHA SHYAM NAGAR, SULTANPUR228001 UP ........Defendants Date of Institution : 07112020 Date of hearing of arguments : 16082022 CS (COMM.) No. 296/2020 Okaya Power Pvt Ltd Vs JMV Motors & Anr. Page No.1 of 4 Date of decision : 16082022 EXPARTE J U D G M E N T
1. This is a suit for recovery of Rs. 4,83,695/ on account of unpaid dues alongwith interest @ 24% PA from the defendant.
2. Plaintiff's case is that it is company and had authorized Sh Arun Upadhyay to file the present suit. Defendant no. 1 is a proprietorship firm of defendant no. 2 Defendant no. 2 had placed orders for supply of ERickshaw's Battery Product under the brand name OKAYA for delivery at Sulatanpur, Uttar Pradesh. He placed purchase orders on the basis of which goods were supplied by the plaintiff to the defendant. They were maintaining a running account and as on 2082018 an outstanding amount of Rs. 3,07,200/ was pending against the defendant. Despite repeated requests defendant did not pay the outstanding amount. Plaintiff has claimed amount of Rs. 3,07,200/ alongwith interest @ 24% and legal expenses.
3. Defendant despite service did not appear and was proceeded ex parte on 03122021.
4. Plaintiff had moved an application for change of AR which was allowed vide order dated 16082022.
5. Plaintiff has examined PW1 as the sole witness on its behalf and CS (COMM.) No. 296/2020 Okaya Power Pvt Ltd Vs JMV Motors & Anr. Page No.2 of 4 thereafter closed his exparte evidence. PW1 has reiterated the contents of the plaint and relied on documents Ex. PW1/1 to Ex. PW1/7.
6. Plaintiff's case is that it is a company dealing business of manufacturing, distribution and sale of various kinds of batteries under the brand name of OKAYA across the country. Defendant had entered into the distributor appointment module as per Ex. PW1/2 and as per defendant's instructions they had supplied goods vide invoices Ex. PW1/3 (Colly.) dated 31.07.2018 & 02.08.2018 respectively. Goods were sent though courier. The transport receipt being Ex. PW1/4. Plaintiff was maintaining ledger account, copy of the same being Ex.PW1/5. Plaintiff had approached pre litigation mediation which was a nonstarter. Nonstarter report being Ex. PW1/6.
7. Plaintiff version is unreburtted and corroborated with documents to the extent that as on 05012019 the outstanding amount of Rs.3,07,200/ was pending against the defendant. Plaintiff has also claimed interest @ 24% PA on the delayed payment, as per one of the condition mentioned in invoice Ex. PW1/3. However, this interest amount appears to be in the form of penalty and on the higher side. Accordingly, keeping in view the prevailing commercial lending rate of interest of nationalized banks, interest CS (COMM.) No. 296/2020 Okaya Power Pvt Ltd Vs JMV Motors & Anr. Page No.3 of 4 @ 10% P.A. would be reasonable and is allowed on the outstanding amount.
8. Accordingly, the suit is decreed in favour of the plaintiff and against the defendant for a total sum of Rs. 3,07,200/ alongwith interest @ 10% P.A. from 01022019 till realization alongwith costs.
9. Decree sheet be drawn accordingly.
10.File be consigned to record room.
Announced in open (Dinesh Bhatt)
Court on 16.08.2022 District Judge (Commercial Court)01
West, Tis Hazari Courts, Delhi
CS (COMM.) No. 296/2020 Okaya Power Pvt Ltd Vs JMV Motors & Anr. Page No.4 of 4