Delhi District Court
M/S. Milhard Sales Pvt. Ltd vs M/S. Control Switch & Gear Co. Ltd on 5 February, 2011
IN THE COURT OF SH. LALIT KUMAR, CCJCUMARC, CENTRAL,
DELHI.
Suit No.1580/09
M/s. Milhard Sales Pvt. Ltd
Through its Director
Having its registered office at:
4772, Hauz Kazi (Inside Ajmeri Gate ),
Delhi110006. ..........Plaintiff
Versus
M/s. Control Switch & Gear Co. Ltd,
Through its Director/principal Officer,
C59, PhaseII, Noida, U.P. ......... Defendant
Date of institution of suit: 21.12.2006
Date on which judgment was reserved: 05.02.2011
Date on which judgment was announced: 05.02.2011
JUDGMENT
05.02.2011
1. Vide this judgment, I shall dispose of the suit for recovery of Rs.20,016.60ps filed by the plaintiff against the defendant.
2. Brief facts which are relevant for the disposal of the present suit are that the plaintiff is a private company and is engaged in Suit No.1580/09 1/4 manufacturing of tools and equipments and also deals in import and exports through code no.0591047977 having its specialization in Engineering Precision, measuring instruments, metal working tools and workshop equipments. Plaintiff is also the authorized distributor of MITUTOYO Precision Tools. Sh.Dhan Raj Singh is duly authorized to file the present suit on behalf of plaintiff vide resolution dated 23.10.2006. The defendant company used to place order for supply of various equipments/goods on the plaintiff either personally/ telephonically or by sending purchased on C.O.D. basis and all the goods so purchased were used to be lifted by the defendant through its representative or sometime, goods were delivered through transport from the address of plaintiff by representative of defendant and same were duly received by representative of defendant. The defendant had lastly made the payment to the plaintiff vide cheque bearing no.971966 for a sum of Rs.25,792/ against the purchase of the goods from the plaintiff on 14.03.2005 thereby leaving a sum of Rs.20,016.60p. Thereafter, no money has been received by the defendant from plaintiff. As per accounts maintained by the plaintiff, a sum of Rs.20,016.60ps as on 14.03.2005 is due against the defendant. The plaintiff has repeatedly sent letters dated 20.09.2004, 01.10.2004, 18.10.2004, 21.12.2004, 16.11.2004, 28.06.2005 and 22.11.2005 upon the defendant. Thereafter, a legal notice was sent to the defendant on Suit No.1580/09 2/4 03.03.2006 through registered A.D. which was duly served upon them. However, the defendant has neither sent any reply to the reminder letters or legal notice nor clear the balance amount. Hence, the suit.
3. Sh. Shiv K. Gupta, principal officer appeared on behalf of the defendant on 08.03.2007. But thereafter, he never turned up before the court. Therefore, the defendant was proceeded exparte vide order dated 07.05.2007 passed by Ld. Predecessor of this Court.
4. Exparte evidence led by the plaintiff. Sh. Dhan Raj Singh, AR of the plaintiff firm deposed as PW1 and has tendered his affidavit in lieu exparte evidence as Ex.PW1/A. He got exhibited the the extract of meeting dated 23.10.2006 passed by the Board of Resolution of the company as Ex.PW1/1; Statement showing the Party/Sub Ledger w.e.f., 01.04.2004 to 31.03.2005 as Ex.PW1/2 (colly); photocopy of cash memo issued by the Central Sales tax as MarkA; reminders letter dated 20.09.2004, 01.10.2004, 18.10.2004, 21.12.2004, 16.11.2004, 28.06.2005 and 22.11.2005 as Ex.PW1/4 (colly.) along with courier receipts and legal notice as Ex.PW1/5.
5. Today I have heard the exparte final arguments and gone through the file.
Suit No.1580/09 3/4
6. Evidence led by the plaintiff/PW1 goes unrebutted and uncontested. The plaintiff has been able to prove its case on the basis of oral evidence as well as documentary evidence that as on 14.03.2005 a sum of Rs.20,016.60ps is due against the defendant. There is no reason to disbelieve the testimony of the plaintiff and averments made in the plaint.
7. In view of the above, present suit is decreed in favour of plaintiff and against the defendant for a sum of Rs.20,016.60ps (Rupees Twenty Thousand and Sixteen and Sixty paise only) along with pendente lite and future interest @ 9 % per annum from 14.03.2005 till its realization. Cost of the suit is also awarded. Decree Sheet be prepared accordingly. File be consigned to Record Room after due compliance.
Announced in open court LALIT KUMAR
th
on 05 February, 2011 CCJcumARC(Central)
THC: DELHI
Suit No.1580/09 4/4