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Delhi District Court

Lkb Engineering Pvt Ltd vs Ananya Agencies on 22 December, 2023

         IN THE COURT OF SH. VAIBHAV CHAURASIA,
 COMMERCIAL CIVIL JUDGE, WEST DISTRICT, TIS HAZARI COURTS,
                          DELHI.

CS No. 991/2022
CNR No. DLWT03-001750-2022

LKB ENGINEERING PVT. LTD.
HAVING ITS OFFICE AT A-56/1,
MAYAPURI INDUSTRIAL AREA,
PHASE-II, DELHI-110064
THROUGH ITS DIRECTOR
SH. SUDERSHAN KUMAR,
THROUGH ITS AUTHORIZED REPRESENTIVE
SH. SUNIL KUMAR.
                                                                           ... Plaintiff

                  VERSUS

ANANYA AGENCIES
THROUGH ITS PROPRIETOR
SH. NINGAIAH SHIVAKUMAR
2375, THAVAREGERE, MANDYA,
KARNATAKA--571401
MOBILE NO. 9448101080

ALSO AT:-

1, GROUND FLOOR MUDDAIAH BUILDING,
KARBATAKA BAR CIRCLE,
100 FT ROAD, MANDYA,
MANDYA, KARNATAKA 571401.
                                                                           ...Defendant

Date of Filing   : 04.07.2022
Date of Judgment : 22.12.2023


CS No. 991/2022            LKB Engineering Pvt. Ltd. Vs. Ananya Agencies            Page 1 / 6
      SUIT FOR RECOVERY OF Rs. 1,21,490/- (RUPEES ONE LAKH
  TWENTY ONE THOUSAND FOUR HUNDRED AND NINETY ONLY)
ALONGWITH PENDENTE LITE AND FUTURE INTEREST ALONGWITH
                        COSTS.


                                  JUDGMENT

1. The present suit has been filed for recovery of Rs. 1,21,490/- alongwith pendente lite and future interest and costs of the suit in favour of the plaintiff and against the defendant.

2. Version of the plaintiff is that the plaintiff is a Private Limited Company duly registered in office of Registrar of Company and is being represented by the authorized representative Sh. Sunil Kumar who is fully conversant with the facts and circumstances of the case and therefore is competent to sign and verify the present case.

3. That the Defendant approached the plaintiff for purchase of electrical goods which were supplied to the defendant as per the demand of the Defendants. That the plaintiff is maintaining all the accounts with respect to the above stated supply of electrical goods and the plaintiff ledger statement, as on 04.06.2020, the Defendant is liable to pay a total sum of Rs. 1,21,490/- as outstanding due till 04.06.2020. That the account maintained with the Defendant was a running Account as there was continuity in selling the goods and making the payments on account. That the said electrical goods were supplied to the Defendant vide invoice No. 97 dated 4.06.2020 and the said goods were delivered to the Defendant CS No. 991/2022 LKB Engineering Pvt. Ltd. Vs. Ananya Agencies Page 2 / 6 and the Plaintiff possess the relevant transport receipt/ Invoices which proof that the goods were delivered to the defendant as per defendant's entire satisfaction. That the Defendant transaction behavior shows that they have caused wrongful loss to the plaintiff in order to cheat and defraud the plaintiff.

That the plaintiff sent a legal notice dated 20.07.2021 through speed post on 28.07.2021 to the Defendant through its lawyer and requested the Defendant to make the payment of Rs. 1,21,490/- within a period of 15 days from the date of receipt of the said notice. That the service of the aforesaid legal notice has duly been affected on 28.07.2021 as is evident from the tracking report but till date the Defendant has failed to make the payment of the said amount to the plaintiff. That the plaintiff has been calling and intimating the Defendant time and again for the payment but the defendant is avoiding the same on one pretext or the other. That the total amount payable by the defendant is Rs. 1,21,490/- (Rupees One Lac Twenty One Thousand Four Hundred Ninety Rupees Only) as outstanding due till 04.06.2020 as per the ledger account. That the plaintiff has no other equally efficacious remedy for recovery of the said legal dues and outstanding, except to file the present suit.

That the cause of action for filing the present suit initially arose on 04.06.2020, when the plaintiff revealed after seeing the ledger account statement of the defendant and found that the defendants are liable to pay a sum of Rs. 1,21,490/- as outstanding dues, as per the running account maintained by the plaintiff company.

That the defendant is deliberately, intentional and also with ulterior CS No. 991/2022 LKB Engineering Pvt. Ltd. Vs. Ananya Agencies Page 3 / 6 motives are withholding the said amount and is not making the payments to the plaintiff for reasons best known to him. That the transaction between the parties has taken place in Delhi. That the payments of the material sent to the defendant was made at Delhi and the tax invoice pertaining to present transaction also shows Delhi jurisdiction. Further, the cause of action also arose in Delhi, hence, this Court has got territorial jurisdiction to entertain and try the present suit.

Lastly, it is prayed by the plaintiff that a money decree for a sum of Rs. 1,21,490/- (Rupees One Lac Twenty One Thousand Four Hundred Ninety Rupees Only) in favour of Plaintiff and against the Defendant may be passed in favour of the plaintiff and against the defendant along with pendente lite and future interest @ 10% per annum on the decreetal amount till its realization and costs.

4. Perusal of record shows that vide order 22.05.2023 following issues were framed for adjudication in the present matter:-

i. Whether the plaintiff is entitled to a decree for a sum of Rs.

1,21,490/- against the defendant as prayed for in the plaint ? (OPP) ii. Whether the plaintiff is entitled to any interest over and above the said amount, if yes, at what rate and for what period ? (OPP) iii. Whether the court has no territorial jurisdiction to deal with the present case as per preliminary objection no. 2 raised by the defendant in the present case ? (OPD) iv. Relief.

5. Perusal of the record further shows that the defendant was proceeded Ex-parte vide order dated 30.10.2023 and thereafter PW-1 Sh. Sunil Kumar (AR of the plaintiff) was examined by way of affidavit Ex. PW-1/A. In such evidence, he reiterated and reaffirmed the stand taken in original plaint. Further, he placed on record various documents i.e. Original Resolution Deed Ex. PW/1/1, computer generated statement of account qua the defendant Ex. PW-1/2, computer generated copy of tax invoice Ex. PW-1/3, copy of GR (Goods Receipt) Mark-A, office copy of Legal Notice dated 20.07.2021 alongwith postal receipt Ex. PW-1/4 & PW-1/5, tracking report Ex. PW-1/6 and Certificate U/Sec. 65-B of the Indian Evidence Ex. PW-1/7. Thereafter, plaintiff closed Ex-parte evidence.

6. I have heard the arguments and gone through the entire record.

7. Perusal of record shows that defendant was proceeded Ex-parte on 30.10.2023 and Ex-parte plaintiff evidence was led and Ex-parte final arguments were heard. As a result of which, the averments made by the plaintiff and evidence led by plaintiff remained unrebutted and unchallenged. This Court has no reason to disbelieve the averments of plaint in such a situation. As such, as per the unrebutted evidence of PW-1 and documents on record, it is proved that the plaintiff has been able to prove his case against the defendant. Furthermore, present case has been filed within the period of limitation and this Court has the jurisdiction to deal with present suit.

RELIEF:-

8. In the light of the above discussions and findings, the present suit is decreed for a sum of Rs. 1,21,490/- (Rupees One Lac Twenty One Thousand Four Hundred Ninety Only) in favour of Plaintiff and against the Defendant along with pendente lite and future interest. So far as interest is concerned, in my view, ends of justice would be met, if interest at the rate of 9% per annum from the date of filing of the suit till realization of the suit amount is decreed in favour of the plaintiff and against the defendant. Accordingly, plaintiff is entitled to interest at the rate of 9% per annum only from the date of filing of the suit till realization of the suit amount. Further, plaintiff is also entitled to the costs of the same. Decree sheet shall be prepared accordingly.

9. File be consigned to Record Room after due compliance.

Digitally Announced in the open Court signed by VAIBHAV on 22nd December, 2023. VAIBHAV CHAURASIA CHAURASIA Date:

2024.01.05 (This judgment contains 6 pages) 15:31:48 +0530 (VAIBHAV CHAURASIA) Commercial Civil Judge West District Courts, Delhi.