Delhi District Court
M/S Scj Plastics vs M/S Rujuta Enterprises on 19 October, 2011
IN THE COURT OF MS. NEHA, CIVIL JUDGE03(SOUTH),
SAKET COURT COMPLEX, NEW DELHI
Suit no. 457/10
IN THE MATTER OF:
M/s SCJ Plastics
through its duly registered partners
Sh. Satish Chand Jain, Shri Darpan Jain,
Sh. Rahul Jain and Smt. Meenu Jain
having its Regd. Office at:
BII/22 Mohan Cooperative Ind. Estate
Badarpur, New Delhi1100044. ......Plaintiff
Versus
M/s Rujuta Enterprises
Earlier at:
237 17th D Main, 52rd Cross, 3rd Block,
Rajaji Nagar, Bangalore560 010.
Presently at:
8, 1st Main, 2nd stage, Lotee Gollahalli
Sanjay Nagar, Bangalore560 094. ......Defendant
DATE OF INSTITUTION : 27.02.2009
DATE OF RESERVING THE ORDER : 18.10.2011
DATE OF DECISION : 19.10.2011
C.S. No.457/10 1 of 5
ORDER
The plaintiff has filed the present suit under Order XXXVII CPC for recovery of amount of Rs. 1,34,500/.
The fact as per the plaint are that the plaintiff is a duly registered partnership firm having its registered office at 79, HPSIDC, Industrial Area, Solan, HP.
The present suit has been signed verified and instituted by Sh. Deepak Kumar, Marketing Executive who has been duly authorized to sign, verify, institute and pursue the present suit. The defendant is a proprietorship firm. The defendant had been purchasing material from the plaintiff and the defendant had running account with the plaintiff. The defendant had purchased from the plaintiff Master Batches/Plastic Dana worth Rs.79,976/ on credit up to 60 days. The defendant has not made payment to the plaintiff despite repeated demands. On the aforesaid amount of Rs.79,976/, the defendant is liable to pay a sum of Rs.54,524/ as interest at the rate of 24% per annum from the date the payment became due till the filing of the suit.
The plaintiff has sent legal notice dated 23.04.2007 which was replied by the defendant on 24.05.2007. However the defendant has not made payment till date. Hence the plaintiff has filed present C.S. No.457/10 2 of 5 suit under Order XXXVII CPC for recovery of Rs.1,34,500/ with interest @24% per annum and cost of the suit.
Sh. Z.A. Siddiqui Ld. Counsel for the defendant who was appearing in the matter of "SCJ Plastics Ltd. Vs. Rujuta Enterprises"
Suit No.440/10, he filed appearance on behalf of the defendant in the present suit also.
Summons for judgment was issued to the defendant in the prescribed from under Order XXXVII CPC. Summons was received back duly served. No application for leave to defend has been filed by the defendant within statutory period. In default of filing of application for leave to defend within 10 days of the receipt of summons for judgment, the plaintiff is entitled to decree.
The plaintiff has placed on copy of certificate of registration of the plaintiff firm, original Special Power of Attorney, copy of legal notice dated 23.04.2007, reply to the legal notice dated 24.05.2007, Original invoices dated 13.01.2006, 23.02.2006 and 10.06.2009 and copy of statement of account maintained by the plaintiff.
On the point of limitation, the defendant has relied upon judgment of Hon'ble High Court of Delhi in M/s SCJ Master Batches C.S. No.457/10 3 of 5 vs. M/s. J.K. Cables Ltd. In CS(OS) 252/2005, decided on 23.02.2006, where in Hon'ble High Court of Delhi has held as under:
" In so far as plea of limitation is concerned, even that is without any substance. Even if it is presumed that there was no running account maintained, admittedly, the C Forms of declaration under the Central Sales Tax Act are given in the year 2004 which amounts to acknowledgment by the defendant of the dues payable to the plaintiff and therefore, having regard to the provisions of Section 19 of the Limitation Act, the plaintiff shall be entitled to fresh period of limitation of three years from 14.04.2004. Present suit was filed by the plaintiff on 13.12.2004 which would obviously be within prescribed period of limitation."
The plaintiff has supplied goods to the defendant. The plaintiff has placed on record, two C Froms under the Central Sales Tax Act covering all the supplies. One form has been supplied on 24.05.2007 and second on 06.09.2007.
In the present suit, the defendant despite service of summons for judgment has failed to apply for leave to defend application within C.S. No.457/10 4 of 5 prescribed period of ten days. In default of the defendant to file leave to defend application within statutory period, the plaintiff is entitled to decree under Order XXXVII rule 3 CPC.
The plaintiff in the present suit has claimed interest pendente lite and future interest at the rate of 24% per annum. The interest claimed by the plaintiff is exorbitant. Hence the suit of the plaintiff is decreed for a sum of Rs.1,34,500/ with interest at the rate of 12% per annum from the date of filing of the suit, till the realization of the amount. Plaintiff is also entitled to cost of the suit Decree sheet be prepared accordingly. File be consigned to the record room.
Announced in the open court
today .i.e.19.10.2011 (NEHA)
Civil Judge03(South)
New Delhi
C.S. No.457/10 5 of 5