Delhi District Court
Ansar Ahmad vs Siraj @ Mohammad Siraujuddin Qureshi on 5 June, 2024
CS (Comm) 468/2021: Ansar Ahmad Vs. Siraj @ Md. Sirajuddin Qureshi
IN THE COURT OF VINOD YADAV:
DISTRICT JUDGE (COMMERCIAL COURT)-02:
NORTH-WEST DISTRICT: ROHINI COURTS: NEW DELHI
CNR No.DLNW010070272021
Civil Suit (Comm.) 468/2021
In the matter of:
Ansar Ahmad,
S/o Md. Anwar
Prop. M/s. Diamond Food Trading Co.,
Off. At 312, Aggarwal Chamber,
3rd Floor, Sector-5, Rohini,
Delhi-110085.
.....Plaintiff
(Through Sh. Manuj Kaushik, Advocate)
Versus
Siraj @ Md. Sirajuddin Qureshi,
S/o Md. Jaffar Miya
Prop. M/s. S.J.Q. Enterprises,
H.No.6-559, bear Bibi Masjid,
Hajiwadi Momin Pura,
Gulbarga-585104, Karnataka.
.....Defendant
(Defendant already ex parte vide order dt. 07.03.2022)
Date of Institution of Suit : 16.09.2021
Date of hearing final arguments : 05.06.2024
Date of judgment : 05.06.2024
SUIT FOR RECOVERY OF Rs.22,03,980/- (RUPEES TWENTY TWO
LACS THREE THOUSAND NINE HUNDRED EIGHTY ONLY)
ALONG WITH PENDENTE LITE & FUTURE INTEREST
EX-PARTE JUDGMENT:
Suit for Recovery (Ex-parte) "Decreed" Page 1 of 7
CS (Comm) 468/2021: Ansar Ahmad Vs. Siraj @ Md. Sirajuddin Qureshi
1.This is a suit for recovery filed on behalf of plaintiff against the defendants, thereby seeking a decree in the sum of Rs.22,03,980/- (RUPEES TWENTY TWO LACS THREE THOUSAND NINE HUNDRED EIGHTY ONLY) ALONG WITH PENDENTE LITE & FUTURE INTEREST.
2. The facts of the case in brief, as borne out from the record are that the plaintiff is engaged in the business of trading and export of buffalo boneless halal meat and meat processed items under the name and style of M/s. Diamond Food Trading Co., Off. At 312, Aggarwal Chamber, 3 rd Floor, Sector-5, Rohini, Delhi-110085. That the defendant is also dealing in the said items as manufacturer and supplier.
3. That the plaintiff has been maintaining an open and running account in the name of the defendant as per which the defendant had to pay an amount of Rs.20,22,000/- till 31.07.2020 to the plaintiff as per the details given below :
Sl. Details Amount in Amount in Dated
No. Rs. (Dr.) Rs. (Cr.)
1. Opening balance (Siraj Bhai 1,93,000/- .......... ......
i.e. SJQ Enterprises)
2. SJQ Container-I, Chamber 24,000/- 26.02.2020
attestation courier and
making export
documentation charges
3. SJQ Container-II, Chamber 24,000/- 13.03.2020
attestation courier and
Suit for Recovery (Ex-parte) "Decreed" Page 2 of 7
CS (Comm) 468/2021: Ansar Ahmad Vs. Siraj @ Md. Sirajuddin Qureshi
making export
documentation charges
4. Brand/firm registration ........... 15,000/- 13.03.2020
charges/FASSAI etc.
5. Buffalo boneless halal meat ........... 11,07,000/- 25.04.2020
sold to M/s. SJQ Enterprises
total weight cost of buffalo
boneless halal meat
6. Waste certificate due to no ........... 2,00,000/- 25.04.2020
production done by M/s. SJQ
Enterprises for Dimand Food
Trading Co.
7. Hotel fooding Misc. ........... 2,00,000/- 25.04.2020
production handling of 2
container of SJQ Enterprises
and long stay due to no self
(Diamond Food Trading Co.
by SJQ Enterprises end)
8. Plain and printed polythin ........... 85,000/- 27.08.2020
cost (Diamond Food) used
by SJQ Enterprises for self
production
9. Cost of 4 numbers halal ........... 60,000/- 27.08.2020
certificate
10. Cost of RTGS on 20.07.2020 ........... 5,00,000/- 27.08.2020
by Diamond Food to SJQ
Enterprises through P&S
Bank, Sector-3, Rohini,
Delhi-110085
TOTAL 1,93,000/- 22,15,000/-
Net balance to take 20,22,000/-
That despite repeated requests/reminders by the plaintiff (letters dated 26.02.2020, 13.03.2020, 25.04.2020 and 27.08.2020), the defendant failed Suit for Recovery (Ex-parte) "Decreed" Page 3 of 7 CS (Comm) 468/2021: Ansar Ahmad Vs. Siraj @ Md. Sirajuddin Qureshi to adhere to the financial discipline and did not clear the outstanding amount. However, the defendant replied to the said letters through SMS/WhatsApp as well as vide a letter dated 10.10.2020 denying to pay the outstanding amount. Thereafter, plaintiff served a legal demand notice dated 26.10.2020 (and reminder dated 24.11.2020) upon the defendant but despite that defendant did not make the payment of the due amount.
4. Accordingly, the plaintiff has filed the instant suit, thereby invoking the provisions of Section 2(1)(c) of the Commercial Courts Act, 2015.
5. After filing of the suit, summons for settlement of issues were issued against the defendant vide order dated 16.09.2021. The defendant was served and despite repeated calls, none appeared on behalf of the defendant. Accordingly, defendant was proceeded " ex-parte" on 07.03.2022 and the matter was notified for ex-parte PE.
6. The plaintiff during the course of ex-parte evidence examined plaintiff Sh. Ansar Ahmad as PW-1 in the matter. PW1 in his evidence by way of affidavit Ex.PW-1/A has reiterated the averments made in the plaint and has proved on record the following documents :-
Sr. Description of documents. Remarks
No.
1 Copy of Certificate of importer-exporter code Ex.PW1/1 (OSR)
(IEC) in respect of plaintiff's concern Suit for Recovery (Ex-parte) "Decreed" Page 4 of 7 CS (Comm) 468/2021: Ansar Ahmad Vs. Siraj @ Md. Sirajuddin Qureshi 2 Office copies of bills dt. 26.02.2020, Ex.PW1/2 colly.
13.03.2020, 25.04.2020 (three bills, 27.08.2020 (three bills and reply dt. 10.10.2020 3 Office copy of legal notice dt. 26.10.2020 Ex.PW1/3 4 Reply of the defendant dt. 13.11.2020 to the Ex.PW1/4 legal notice 5 Office copy of reminder/rejoinder notice dt. Ex.PW1/5 24.11.2020 6 Copy of reply of the defendant in response to Ex.PW1/6 the aforesaid reminder 7 Certificate of non-starter report dt. 05.04.2021 Ex.PW1/7
7. Thereafter, vide order dated 15.04.2024, PW1 was recalled for his cross-examination after 08.02.2024. However, he was not cross- examined by the defendant despite opportunity and the matter was listed for ex-parte final arguments.
8. I have heard Sh. Manuj Kaushik, Advocate, learned Counsel for the plaintiff and perused the entire material on record.
9. Vide order dated 07.03.2022, defendant was proceeded "ex- parte".
10. (i) From the perusal of record, it is clearly evident that defendant had approached the plaintiff for business purpose. The execution of necessary/requisite documents between the parties in this regard has been duly proved on record by plaintiff.
(ii) The plaintiff has further proved on record the statement of Suit for Recovery (Ex-parte) "Decreed" Page 5 of 7 CS (Comm) 468/2021: Ansar Ahmad Vs. Siraj @ Md. Sirajuddin Qureshi account in respect of the account of defendant wherein an amount of Rs.20,22,000/- is reflected as outstanding against the defendant as on 31.07.2022.
11. The legal notice dated 26.10.2020, sent by plaintiff to the defendant was also duly served, as is apparent from Ex.PW1/3.
12. The defendant being ex-parte, the testimony of the plaintiff's witness has remained unchallenged and unrebutted. There is nothing on record to disbelieve the unrebutted testimony of the plaintiff's witness or to doubt the authenticity and veracity of the documents exhibited and proved on record.
13. From the unrebutted testimony of PW-1 in the matter and the documents proved by it on record, I am satisfied that the plaintiff has been able to make out a good case for passing of decree in its favour. As regards the quantum of interest, the transaction between the parties being commercial in nature, I am of the considered opinion that interest @ 12% per annum would meet the ends of justice.
14. (i) In view of the above, a decree in the sum of Rs.20,22,000/- (Rupees twenty lacs twenty two thousand only) along with interest @ 12% per annum from 27.08.2020 till recovery is passed in favour of plaintiff and against the defendant.
(ii) Plaintiff is also entitled to costs as well as counsel's fee which is quantified as Rs.22,000/-.
Suit for Recovery (Ex-parte) "Decreed" Page 6 of 7CS (Comm) 468/2021: Ansar Ahmad Vs. Siraj @ Md. Sirajuddin Qureshi
15. Decree Sheet be drawn accordingly, subject to payment of requisite court fees.
16. File be consigned to Record Room after completion of necessary formalities.
Dictated & Announced in the (Vinod Yadav) open Court on 05.06.2024 District Judge (Commercial Court)-02 North-West/Rohini Courts Suit for Recovery (Ex-parte) "Decreed" Page 7 of 7