Delhi District Court
Smt. Vandana Aggarwal vs M/S Catmos Retail Pvt. Ltd on 1 December, 2014
ID No.02401C0330622013
IN THE COURT OF SHRI PANKAJ GUPTA: ADDL. DISTRICT
JUDGE (CENTRAL07), TIS HAZARI COURTS : DELHI.
CS NO.192/2013
Smt. Vandana Aggarwal,
Prop. of M/s Urvika Industries,
Office at 2743, 2nd Floor,
Qutub Road Chowk,
Union Bank of India Building,
Sadar Bazar, Delhi - 110 006. ...........PLAINTIFF
VERSUS
M/s Catmos Retail Pvt. Ltd.
Through its Managing Director/Director/Chairman,
329, Patpar Ganj Industrial Area,
EIE, Patparganj, New Delhi. ...........DEFENDANT
Date of Institution : 09.07.2013
Date when the case reserved for order : 01.12.2014
Date of Order : 01.12.2014
J U D G M E N T
1. The plaintiff filed the present suit for recovery of Rs. 8,39,427/ alongwith interest @ 24% p.a.
2. In the plaint, it is stated that the plaintiff is the proprietrix of M/s Urvika Industries which deals in readymade garments (the goods). The 1/3 Vandana Aggarwal vs. M/s Catmos Retail Pvt. Ltd. defendant approached the plaintiff for supply of the goods. The plaintiff issued performa invoices. The defendant accepted the terms and conditions of the performa invoices. Accordingly, the plaintiff supplied the goods to the defendant vide 08 separate bills for a total sum of Rs.15,96,865/. The defendant accepted the goods to its satisfaction and paid Rs.10 lacs towards part payment. Rs.5,96,865/ is outstanding against the defendant which it failed to pay despite several requests. As per the terms and conditions, the defendant is also liable to pay the interest @ 24 % p.a. But, the plaintiff claims interest @ 15 % p.a. only which comes to Rs.2,42,552/. The defendant failed to pay the outstanding amount despite legal notice dated 28.05.2013. Hence, the present suit.
3. Notice of the suit was issued to the defendant. The defendant failed to appear despite service. Hence, the defendant was proceeded exparte on 10.09.2013.
4. PW1 tendered her affidavit in evidence as Ex.PW1/A. She relied upon copy of certificate of importerexporter Code (IEC) Ex.PW 1/1 (OSR), copy of licence Ex.PW 1/ 2 (OSR), computer generated copy of the purchase orders Mark A1 and A2 , carbon copy of performa invoices Ex.PW 1/5 to Ex.PW 1/7, carbon copy of invoices Ex.PW 1/8 to Ex. PW 1/15, statement of account Mark B and certificate u/s 65B Indian Evidence Act Ex. PW 1/17.
5. I have heard the learned counsel for the plaintiff and have perused the material available on record.
6. The plaintiff proved the invoices Ex.PW 1/8 to Ex.PW 1/15. The 2/3 Vandana Aggarwal vs. M/s Catmos Retail Pvt. Ltd. plaintiff also proved the statement of account via certificate u/s 65 B of Indian Evidence Act Ex. PW 1/ 17. There is no crossexamination of PW1. As such, the deposition of PW1 and the documents proved by her remained unrebutted. Hence, it can be held that the plaintiff supplied the goods to the defendant which were duly accepted by it. Despite that the defendant failed to pay the outstanding amount. Therefore, the plaintiff is held entitled to Rs. 8,39,427/.
7. The rate of interest @ 24% per annum as claimed by the plaintiff is on higher side. A justifiable rate of interest is awarded to the plaintiff @ 10% per annum on Rs. 8,39,427/ from the date of institution of the suit till realization.
8. In view of the foregoing discussions, the plaintiff is held entitled to a decree of recovery of Rs. 8,39,427/ along with an interest @ 10 % p.a. from the date of institution of the suit till realization. Cost of the suit is also awarded to the plaintiff. Decree sheet be prepared accordingly.
File be consigned to Record Room.
Announced in the open court, (PANKAJ GUPTA) On 1st Day of December, 2014. ADJ(Central07)/DELHI 01.12.2014 3/3 Vandana Aggarwal vs. M/s Catmos Retail Pvt. Ltd.