Delhi District Court
Sh. Sanjeev Kumar Sharma vs M/S Welcome World Electrical Pvt Ltd on 20 February, 2021
CS No.715/2017
IN THE COURT OF SH. NIKHIL CHOPRA, ADDL. DISTRICT
JUDGE02, SAKET COURTS, SOUTH DISTRICT, NEW DELHI
In the matter of
Suit No. 715/2017
Filing No. 2336/2017
CNR No. DLST010061612017
Sh. Sanjeev Kumar Sharma
Proprietor of M/s SLY Industries,
272, South Side Industrial Area,
Amri Steel Compound, .G.T. road,
Ghaziabad, UP.
................Plaintiff
Versus
M/s Welcome World Electrical Pvt Ltd.
Through its Managing Director,
Mr. Rajiv Ranjan,
34A/1, Basement,
Arjun Nagar, Safdarjung Enclave,
New Delhi.
.............Defendant
Date of Institution : 08.08.2017
Date of reserving the judgment : 20.02.2021.
Date of pronouncement : 20.02.2021.
Decision : Decreed
Sanjeev Kumar Sharma vs M/s Welcome Electrical Pvt Ltd. Page 1 of 6
CS No.715/2017
SUIT FOR RECOVERY OF RS. 10,87,738.12/ ALONGWITH
INTEREST ON BEHALF OF THE PLAINTIFF
JUDGMENT
BRIEF FACTS
1. This order disposes of Suit for recovery. Sh. Sanjeev Kumar Sharma is the proprietor M/s SLY Industries, which is engaged in trading of Electrode, Copper Bond rod & BFC Compound bag etc., since the year 2014. The defendant company having its office at SJ Enclave, New Delhi, is stated to have been supplied merchandise by the plaintiff for the period from 19.07.2014 to 22.09.2015. It is stated that around 20 transactions have been taken place between the parties in the said period. Plaintiff is stated to have been maintaining running account in the name of defendant in its regular and ordinary course of business. The defendant is stated to have made certain payments, including payment of Rs. 86,352/ on 28.10.2015, and an unpaid balance of Rs. 7,76,955.80/ is claimed to be due.
2. It is averred that the plaintiff have been pursuing defendant for the balance amount, and have sent various emails to the defendant requesting for the payment of outstanding amount but Defendant neglected to pay. The plaintiff claims that on account of neglect, it was constrained to issue a legal notice dated 07.04.2017, calling upon the defendant to make payment of Rs. 7,76,955.80 alongwith interest @ 24% per annum w.e.f. 28.10.2015 till date of Sanjeev Kumar Sharma vs M/s Welcome Electrical Pvt Ltd. Page 2 of 6 CS No.715/2017 actual payment but defendant still did not make any payment. Plaintiff claims an amount of Rs. 76,955.80 together interest @ 24% per annum with effect 28.10.2015, till date of filing of suit. It is averred that cause of action to file the present suit firstly arose in July 2014, and further arose on the dates of issuance of bills. It is stated that cause of action arose around 07.04.2017, when the legal notice was issued upon the defendant as he neglect to made payments.
3. Summons for settlement of issues were served upon defendant for 07.06.2019. Since defendant did not turn up, the right of the defendant to file written statement was closed on 04.11.2019 and following issues were farmed on 04.11.2019:
1. Whether the plaintiff is entitled to recover a sum of Rs. 10, 87,738.12, together with pendentlite and future interest @ 24% per annum? OPP
2. Relief
4. Plaintiff has examined himself as PW1 and has reiterated its version in the affidavit in evidence. Plaintiff has also proved the following documents i.e. computer printout of Sales invoices (20 in number) which are Ex. PW1/1 to Ex. PW1/20; true attested computer printout of ledger account for the period 01.04.2014 to 31.03.2016 bearing his signature and stamp which is Ex. PW1/21 (colly); electronic e-mails Ex. PW1/22 (colly), legal notice as Sanjeev Kumar Sharma vs M/s Welcome Electrical Pvt Ltd. Page 3 of 6 CS No.715/2017 Ex.PW1/23, postal receipts (original) Ex. PW1/24 and certificate U/s 65B of the Indian Evidence Act 1872 as Ex. PW1/25. The power of attorney issued by plaintiff in favour of Sh. Kishan Kant Sharma has been proved as Ex. PW1/26. No cross examination was conducted as none has appeared for defendant during the examination of plaintiff.
5. Ld. Counsel for the plaintiff has contended that the suit was filed through power of attorney, however plaintiff has examined himself as PW1. It is contended that plaintiff maintaining opening and running account Ex. PW1/21, and as per said statement of account and sum of Rs. 7,76,955.80 was due as on 28.10.2015 when the last payment of Rs. 86,352 was received from the defendant. It is contended that in order to prove entries of account plaintiff has also placed on record all the sale invoices as Ex. PW1/ to Ex. PW1/20 issued in respect of transactions between the parties. He has contended that he plaintiff has also placed on record the various emails issued to defendant and has proved as Ex. PW1/22 (colly) and has drawn the attention of the Court towards the said emails. He contended that plaintiff had been making demands and in view of neglect, the plaintiff was constrained to issue legal notice on 07.04.2017. The said legal notice is also proved on record as Ex. PW1/23, together with the original postal and courier receipts as Ex. PW1/24 (colly). Ld. counsel for the plaintiff has contended that there is no defence filed, or any evidence led by the defendant. He has contended that defendant has not turned up even once despite service, despite being aware of the present proceedings. Ld counsel submits that he has also placed on record certificate U/s 65 B of Sanjeev Kumar Sharma vs M/s Welcome Electrical Pvt Ltd. Page 4 of 6 CS No.715/2017 Indian Evidence Act, in respect of email and computer generated sale invoices.
6. I have heard the Ld. Counsel for plaintiff and have gone through the record. The defendant has not appeared despite being served, through registered post as has been recorded by Ld. Predecessor. Even though defendant company was granted right to file written statement, however, defendant chose not to file written statement or participate subsequently. The plaintiff has proved sale invoice as Ex. PW1/1 to Ex. PW1/20 as well as statement of account, being maintained in its regular course of business. There is no reason to disbelieve the said contentions of the plaintiff side. The plaintiff has also proved the legal notice and also contended despite receiving the legal notice, defendant did not either make payment or even reply, which implies that it has no defence. Considering the record placed on record in light of submissions made by the Ld. counsel for the plaintiff, it is clear that the defendant owed a sum of Rs. 7,76,955.80/-as on 28.10.2015.
7. In as much as the interest is concerned, Ld. counsel for the plaintiff submits that he is entitled to interest of 24% per annum. However the record shows that there is no agreement to this effect. The charging of the interest @ 24 % per annum not appears to reasonable. Ld. counsel submits that transactions between the parties are commercial & the plaintiff is entitled to interest prevalent in commercial transactions. Although the entitlement cannot be disputed, the Court is of the opinion that the interest @ 24% per annum would be excessive. Having regard to the nature of Sanjeev Kumar Sharma vs M/s Welcome Electrical Pvt Ltd. Page 5 of 6 CS No.715/2017 transaction it appears to be reasonable and apt, if interest at the rate of 12% is granted to plaintiff. The plaintiff is, accordingly, held entitled to interest at the rate of 12 % Per annum over the amount due w.e.f. 28.04.2015. The issue no. 1 and 2 are accordingly decided in favour of plaintiff.
8. Plaintiff is entitled to payment of Rs. 7,76,955.80/-
together with the interest of 12% per annum w.e.f. 28.04.2015, till date of actual realization. The suit is, accordingly, allowed and is hereby decreed with costs.
9. Decree sheet be prepared. File be consigned to Record Room, after due compliance.
ANNOUNCED IN THE OPEN (NIKHIL CHOPRA)
COURT ON 20.02.2021 ADDL. DISTRICT JUDGE02
SOUTH, SAKET COURTS,
NEW DELHI
Sanjeev Kumar Sharma vs M/s Welcome Electrical Pvt Ltd. Page 6 of 6