Delhi District Court
Rahimuddin Prop Arsh Trading Company vs Kamna Kumari Prop Kamna Traders on 16 December, 2025
IN THE COURT OF SH. SANJAY SHARMA-II : DJ (COMMERCIAL COURT)-03
(SHAHDARA) : KARKARDOOMA COURTS, DELHI
CS (Comm.) No. 586/2025
CNR No.: DLSH01-005937-2025
Rahimuddin
Prop.: M/s. Arsh Trading & Co.
Building No. V-297, 2nd Floor
Opp. Gali No. 21, Main Road
Vijay Park, Maujpur, Delhi-110053
..... Plaintiff
VERSUS
Smt. Kamna Kumari
W/o Sh. Rohit Mehra
Prop.: M/s. Kamna Traders
Plot No. 92, Thana No. 63
Ratu, Burmu Road
Opp. Park Imbue Restaurant
Ranchi, Jharkhand - 835 222
..... Defendant
Date of Institution : 08.10.2025
Date of Arguments : 16.12.2025
Date of Judgment : 16.12.2025
JUDGMENT
1. The plaintiff instituted a suit for recovery of Rs. 44,32,864/- (comprising principal amount of Rs. 36,18,663/- and Rs. 8,14,199/- as pre-suit interest @ 18% per annum w.e.f. 01.07.2024 to 02.10.2025) alongwith pendente-lite and future interest @ 18% per annum against the defendant.
2. The plaintiff, proprietor of 'M/s Arsh Trading & Company', is trading in 'Iron scrap'.
3. The defendant, proprietor of 'M/s. Kamna Traders', is Digitally signed also trading in 'Iron scrap.' SANJAY by SANJAY SHARMA SHARMA Date: 2025.12.16 16:31:01 +0530 CS (Comm.) No. 586/2025 Rahimuddin vs. Smt. Kamna Kumari Page No. 1 of 6
4. The plaintiff used to purchase 'Iron scrap' from the defendant and in that regard, he used to make advance payment, through RTGS.
5. The plaintiff made advance payment of Rs. 2,16,36,975.80/- to the defendant w.e.f. 30.11.2023 to 01.07.2024, through RTGS. The defendant supplied 'Iron scrap' worth Rs. 1,80,18,312/- to the plaintiff against tax invoices and e-way bills.
6. The defendant had informed the plaintiff that he was dispatching 'Iron scrap', vide Tax Invoice No. KT/2024-25/031 dated 01.07.2024, but the said consignment never reached to the plaintiff.
7. As per ledger, an amount of Rs. 36,18,863/- was due against the defendant, as on 01.07.2024.
8. The defendant neither supplied 'Iron scrap' qua the said amount nor returned the said amount. Therefore, the plaintiff issued demand notice dated 19.12.2024, through speed post, to the defendant. The defendant was served with the said notice. However, she neither supplied 'Iron scrap' nor returned the said amount. Therefore, the plaintiff filed this suit.
9. The defendant was served with the summons of the suit, through WhatsApp and e-mail, on 12.10.2025. However, the defendant neither appeared nor filed written statement.
10. Vide order dated 17.11.2025, following issues were framed, as under:
(1) Whether the plaintiff is entitled to a decree for recovery of Rs. 44,32,864/- alongwith pendente-lite and future interest @ 18% per annum, as prayed?
(OPP) (2) Relief.
11. The plaintiff appeared as PW-1. He deposed, on strength Digitally signed by SANJAY of evidence-affidavit Ex.PW1/1. SANJAY SHARMA SHARMA Date:
2025.12.16 16:31:07 +0530 CS (Comm.) No. 586/2025 Rahimuddin vs. Smt. Kamna Kumari Page No. 2 of 6
12. The plaintiff relied on documents, as under:
Sl. No. Description Exhibit
1. Aadhar card of the plaintiff Ex.PW1/A
2. GST Regn. Certificate of the plaintiff Ex.PW1/B
3. GST Regn. Certificate of the defendant Ex.PW1/C
4. Ledger w.e.f. 30.11.2023 to 05.07.2024 Ex.PW1/D
5. Statement of Bank Account of the plaintiff Ex.PW1/E
6. E-way Bills Ex.PW1/F (colly)
7. Tax Invoices Ex.PW1/G (colly)
8. Debit Note Ex.PW1/H
9. Demand Notice dated 19.12.2024 Ex.PW1/I
10. Postal Receipts Ex.PW1/J
11. Tracking report Ex.PW1/K
12. 'Non-Starter Report' dated Ex.PW1/L
13. Certificate under Section 63 BSA, 2023 Ex.PW1/M
13. The Court has heard arguments of Ms. Anita Kumari, Ld. Counsel for the plaintiff and examined the pleadings and documents.
ISSUE NO. 1:
(1) Whether the plaintiff is entitled to a decree for recovery of Rs. 44,32,864/- along with pendente-lite and future interest @ 18% per annum, as prayed?
(OPP)
14. The plaintiff is seeking a decree for recovery of Rs. 44,32,864/- alongwith pendente-lite and future interest @ 18% per annum. The suit amount has two components. First, principal amount of Rs. 36,18,663/-. Second, interest component of Rs. 8,14,199/- @ 18% per annum w.e.f. 01.07.2024 to 02.10.2025.
15. The plaintiff testified the averments made in the plaint, vide evidence-affidavit Ex.PW1/1. He deposed that he made advance payment of Rs. 2,16,36,975.80/- to the defendant w.e.f. 30.11.2023 to 01.07.2024, through RTGS. In that regard, he proved statement of bank account Ex.PW1/E reflecting transfer Digitally signed by of the said amount to the account of the defendant. SANJAY SANJAY SHARMA SHARMA Date:
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16. The plaintiff testified that the defendant supplied ' Iron scrap' worth Rs. 1,80,18,312/- to him, vide tax invoices Ex.PW1/G (colly.) and e-way bills Ex.PW1/F (colly.).
17. The plaintiff testified that an amount of Rs. 36,18,663/-
was due against the defendant, as on 01.07.2024. In that regard, he proved ledger Ex.PW1/D.
18. The plaintiff debited the payments made by him and credited the amount of the material received from the defendant in ledger Ex.PW1/D.
19. As per ledger, an amount of Rs. 36,18,663/- was due against the defendant, as on 01.07.2024.
20. The plaintiff testified that the defendant neither supplied 'Iron scrap' qua the said amount nor returned the said amount and thereafter, he issued demand notice dated 19.12.2024 Ex.PW1/I, through speed post, to the defendant. The plaintiff testified that the defendant neither supplied ' Iron scrap' nor returned the said amount.
21. The defendant neither filed written statement nor contested the suit. The averments made in the plaint are remained non- traversed. Therefore, the averments made in the plaint are deemed admitted.
22. The evidence of the plaintiff remained uncontroverted and unchallenged. The plaintiff's evidence is substantiated by documentary evidence. There is no reason to disbelieve the plaintiff's evidence.
23. Therefore, the plaintiff is entitled to a decree for recovery of principal amount of Rs. 36,18,663/-.
24. The plaintiff is claiming an amount of Rs. 8,14,199/- as pre-suit interest @ 18% per annum w.e.f. 01.07.2024 to 02.10.2025. However, there is no agreement between the parties Digitally signed regarding the rate of interest. SANJAY by SANJAY SHARMA SHARMA Date: 2025.12.16 CS (Comm.) No. 586/2025 Rahimuddin vs. Smt. Kamna Kumari 16:31:22 Page+0530 No. 4 of 6
25. The plaintiff neither raised any GST invoice regarding interest nor supplied the said invoice to the defendant or debited the said invoice in ledger Ex.PW1/D. The plaintiff has not led any evidence that the said rate of interest is prevailing market rate of interest or there is any custom or practice for payment of the said rate of interest. There is no evidence that the said rate of interest is usually paid by the banks. However, this is a commercial transaction. The plaintiff is entitled to just and reasonable interest. Accordingly, the plaintiff will be entitled to interest @ 7% per annum on the principal amount w.e.f. 01.07.2024 till realization.
26. Issue No. 1 is decided in favour of the plaintiff and against the defendant.
RELIEF
27. Therefore, the suit of the plaintiff is decreed with proportionate costs and a decree in the sum of Rs. 36,18,663/- alongwith interest @ 7% per annum w.e.f. 01.07.2024 till realization is passed in favour of the plaintiff and against the defendant. Decree sheet be drawn. File be consigned to record Digitally signed room. SANJAY by SANJAY SHARMA SHARMA Date: 2025.12.16 16:31:30 +0530 Announced in the open Court SANJAY SHARMA-II th on this 16 December, 2025 DJ (Commercial Court)-03 (Shahdara) KKD Courts, Delhi CS (Comm.) No. 586/2025 Rahimuddin vs. Smt. Kamna Kumari Page No. 5 of 6 Rahimuddin vs. Smt. Kamna Kumari CNR No.: DLSH01-005937-2025 CS (Comm.) No. 586/2025 16.12.2025 Present : Ms. Anita Kumari, Ld. Counsel with the plaintiff.
None for the defendant.
The Court has heard final arguments. Vide separate judgment, the suit of the plaintiff is decreed with proportionate costs and a decree in the sum of Rs. 36,18,663/- alongwith interest @ 7% per annum w.e.f. 01.07.2024 till realization is passed in favour of the plaintiff and against the defendant. Decree sheet be drawn. File be consigned to record room.
Digitally signed by SANJAY SANJAY SHARMA
SHARMA Date:
2025.12.16
16:31:38 +0530
Sanjay Sharma-II
DJ (Commercial Court)-03
Shahdara, KKD, Delhi
16.12.2025
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