Delhi District Court
M/S Modi Infosol Pvt Ltd vs M/S Aggarwal Electronics on 25 March, 2021
IN THE COURT OF SH. GAGANDEEP JINDAL
JSCC, ASCJ, SCJ, GJ SOUTH EAST DISTRICT,
SAKET COURTS, NEW DELHI
CS SCJ 1907/2019
CNR No.DLSE03-002765-2019
M/s Modi Infosol PVt Ltd
Through its Authorized Representative
Having its Corporate Office at
B-38, Okhla Industrial Area, Phase-I,
New Delhi-110020. ............ Plaintiff
Versus
1. M/s Aggarwal Electronics
Through Proprietor
4400, Main Gate Cloth Market
Church Misal Road, Fatha Puri
New Delhi-110006.
2. Mr. Subhanshu Aggarwal (Sole Proprietor)
M/s Aggarwal Electronics
Through Proprietor
4400, Main Gate Cloth Market
Church Misal Road, Fatha Puri
New Delhi-110006. ........ Defendants
SUIT FOR RECOVERY FOR A SUM OF
Rs.1,17,689/- ALONG WITH 18% PENDENTE
AND FUTURE INTEREST
Date of Institution of the case : 28.11.2019
Date of reserve of judgment : 17.03.2021
Date of pronouncement of judgment : 25.03.2021
JUDGMENT
1. The plaintiff company is a customer oriented technology aware IT solution Company providing a range of IT products & Mobile Accessories and expert services to create competitive advantage. Plaintiff Company also deals CS SCJ 1907/2019 Modi Infosol Pvt Ltd Vs M/s Aggarwal Electronics Page No.1 of 5 with the Software, PCs, Laptops/desktops, Servers, Printers, Multi-function Machines/Photo Copies, Video projection system, Storage and networking products to develop customized IT Solution, Mobile and mobile Accessories. Sh. Shyam Sunder Modi, is duly authorized vide Board of Resolution dated 15.05.2019 by the Board of Directors of Plaintiff Company to institute the present suit.
2. Defendant No. 2 is sole proprietor of defendant no.1, who is responsible for its affairs and management. That the defendant no.2 approached Plaintiff for supply for various mobiles and mobile accessories.
3. Plaintiff supplied goods under the following invoices for which partial payment has been received by Plaintiff despite repeated requests and reminders.
Invoice No. Invoice Pending
value Amount
(Rs.)
TXI/NP/11-12/5975 26460 9002
TXI/NP/12-13/1173 71125 24208
TXI/NP/12-13/3296 17490 17490
50,700/-
Total
4. The defendants are liable to pay Rs.50700/- in principal Rs.66989/- as interest @ 18% p.a. till 22.10.2019 on account of delay in payment received beyond the credit period of 30 days, to the Plaintiff. After follow up defendant made payment of Rs.4,000/- on 04.04.2015 and Rs.2,500 on 02.04.2018. Plaintiff sent legal notice on 22.02.2019 to the defendant to clear its outstanding dues which was duly received by defendants. But no payment was made. Hence, the present suit has been filed.
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5. The defendants refused to receive the summons which was deemed as appropriate service vide order dated 29.08.2020. They proceeded ex-parte vide order dated 29.01.2021.
6. Thereafter, plaintiff has examined its Director Sh.
Shyam Sunder Modi as PW1. He tendered his evidence by way of affidavit Ex. PW1/A and relied upon documents Ex. PW1/1 to PW1/5.
7. I have heard the arguments of counsel for plaintiff and gone through the evidence on record.
8. The onus to establish his case rested on plaintiff. PW1 has proved the following documents :-
(a) Board Resolution is Ex.PW1/1;
(b) Ledger of Plaintiff company is Ex.PW1/2 (colly);
(c) Invoices are Ex.PW1/3 (colly);
(d) Certificate u/s 65-B Indian Evidence Act is
Ex.PW1/4;
(d) Legal notice and proof of delivery is Ex.PW1/5.
9. The onus to establish his case rested on plaintiff. The unrebutted oral and documentary evidence led by plaintiff shows that defendant had purchased goods from the plaintiff from to time against invoices Ex.PW1/3 (colly). The defendant had made part payment of invoice no.TXI/NP/11- 12/5975 and TXI/NP/12-13/1173. Therefore, the plaintiff has claimed total principal amount of Rs.50,700/-towards goods supplied to the defendant.
10. The plaintiff has also claimed Rs.66989/- as interest @ 18% p. a. on account of delay in payment. In the invoice Ex.PW1/3 (colly), it has been categorically mentioned that if CS SCJ 1907/2019 Modi Infosol Pvt Ltd Vs M/s Aggarwal Electronics Page No.3 of 5 the payment is not received till due date. This monthly interest @ 2% would be charged from the date of invoice. The plaintiff has claimed the interest @ 18% instead of 2% per month. Therefore, the plaintiff is entitled for recovery of Rs.66,989/-as interest.
11. The suit of the plaintiff remains uncontroverted and unrebutted as none has appeared on behalf of defendant to cross examine the plaintiff's witness. Hence, all the averments made in the plaint are deemed to be admitted and documents placed on record stand duly proved.
12. As per statement of ledger account Ex.PW1/2, the defendant has made part payment of Rs.4,000/- on 04.04.2015 and Rs.2,500/- on 02.04.2018. The suit has been filed on 28.11.2019. Therefore, the suit of the plaintiff is within prescribed period of limitation as per the Limitation Act. As per allegations, the defendant approached its office at 101 Skipper Corner, 88 Nehru Place, New Delhi for supply of goods and the invoices were raised from the said office and payments were also made at the said office. Therefore, cause of action arose within the territorial jurisdiction of this court.
13. In respect of the quantum of interest claimed by the plaintiff, I find that in the prayer clause, the plaintiff has sought pendente-lite and future interest at the rate of 18% per annum. In my view, the claim of the plaintiff qua pendente- lite and future interest is excessive and in the facts and circumstances of this suit, the ends of justice would be met, if the plaintiff is granted pendente-lite and future interest at the rate of 9% per annum.
14. In the light of oral and documentary evidence on record, the suit of the plaintiff is decreed in favour of the CS SCJ 1907/2019 Modi Infosol Pvt Ltd Vs M/s Aggarwal Electronics Page No.4 of 5 plaintiff and against the defendant, for a sum of Rs.1,17,689/- alongwith pendente lite & future interest @ 9 % p.a from the date of filing of suit till its realization. Costs of suit are also awarded in favour of the plaintiff.
15. Decree sheet be drawn accordingly. File be consigned to record room, after due compliance.
Digitally signed by GAGANDEEP GAGANDEEP JINDAL
JINDAL Date: 2021.03.26
(Announced in the open court 17:36:36 +0530
on 25th March 2021) (Gagandeep Jindal)
JSCC/ASCJ/SCJ/GJ
South East District/Saket Courts
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