Delhi District Court
M/S Welcome World Electrical Private ... vs M/S Balaji Thermo Electricals Pvt Ltd on 12 March, 2012
IN THE COURT OF SHRI RAJ KUMAR TRIPATHI,
ADDITIONAL SENIOR CIVIL JUDGE (SOUTH), SAKET
COURTS, NEW DELHI.
CS No. 612/2011
Unique Case ID No. 02406C0262232011
M/s Welcome World Electrical Private Ltd.,
47A, Second floor, Arjun Nagar,
Safdarjung Enclave, New Delhi 110 029.
Also at:
T4 & T5, Anupam Plaza, 56/1, Kalu Sarai,
Aurbindo Marg, Near IIT, Flyover,
Hauz Khas, New Delhi 110 016.
Through its Director
Mr. Rajeev Ranjan Kumar
... Plaintiff
Versus
1. M/s Balaji Thermo Electricals Pvt Ltd.,
Daulatabag Industrial Area,
Plot No. 219, Tekchand Nagar,
Near Shanti Niketan Public School,
Gurgaon122 001.
Also at:
Q223, IIIrd Floor, South City1, Gurgaon,
Haryana, India - 122 001.
CS No. 612/2011 Page No. 1 of 7
2. Mr. Abhishek Upadhyay, Director
M/s Balaji Thermo Electricals Pvt Ltd.,
S/o Mr. V.K. Upadhyay,
Q223, IIIrd Floor, South City1,
Gurgaon, Haryana - 122 001.
3. Ms. Ankita Upadhyay, Director
M/s Balaji Thermo Electricals Pvt Ltd.,
S/o Mr. V.K. Upadhyay,
Q223, IIIrd Floor, South City1,
Gurgaon, Haryana - 122 001.
....Defendants
DATE OF INSTITUTION : 13.10.2011
DATE OF RESERVING JUDGMENT/ORDER : Not reserved.
DATE OF PRONOUNCEMENT : 12.03.2012.
SUIT FOR RECOVERY OF RS. 46,272/ (RUPEES FORTY SIX
THOUSAND TWO HUNDRED AND SEVENTY TWO ONLY)
ALONGWITH PENDENTE LITE AND FUTURE INTEREST
J U D G M E N T
1. This is a suit for recovery filed by the plaintiff against the defendants on 13.10.2011 to recover a sum of Rs. 46,272/ along with pendente lite and future interest @18% per annum from the date of CS No. 612/2011 Page No. 2 of 7 institution of the present suit till its actual realization and costs of the suit.
2. Brief facts of the case as set out in the plaint is that the plaintiff is a proprietorship firm and is engaged in the business of sell and supply of Hot Dip G1 Perforated Type Cable Tray and Accessories (hereinafter called "electrical goods"). The plaintiff filed the present suit through its director Mr. Rajeev Ranjan Kumar who has been duly authorized vide Board Resolution dated 06.10.2011 to sign, verify and institute the present legal proceedings on behalf of plaintiff. The defendant no. 1 is a private limited company and interalia engaged in the business of manufacturers, developers, designers and assemblers etc. The defendant no. 2 and 3 are its directors. In the month of March, 2009, the defendants approached the plaintiff and requested for supply of electrical goods. After various deliberations and negotiations, the plaintiff agreed to supply the electrical goods to the defendants at the rate which was agreed to by the defendants. As per their requirements, the defendants placed a purchase order on 28.03.2009 through Ref No. BTEPL/WWES/03/09 to the plaintiff for the electrical goods. In pursuance to the said purchase order, the plaintiff supplied electrical goods to the defendants for a total sum of Rs. 37,470/ and raised invoice bearing no. WWES/RI/0809/152 dated 30.03.2009 for the CS No. 612/2011 Page No. 3 of 7 same. The said invoice was duly received by the defendants on 31.03.2009. It is stated that timely payment was the essence of contract between the parties. The defendants did not strictly adhere to the terms & conditions of the contract and an amount of Rs. 37,470/ is still outstanding. In order to clear their liabilities towards the plaintiff, the defendants had issued cheque bearing no. 932687 dated 01.05.2009 for an amount of Rs. 37,470/ drawn on State Bank of India as per agreed terms & conditions. The plaintiff had deposited the aforesaid cheque with his banker for realization of the amount. However, on 01.05.2009, the said cheque was returned by the banker of the defendant on account of "insufficient fund". The plaintiff informed the defendant no. 2 over the phone regarding the dishonour of the cheque but he deliberately avoided the call. It is stated that in order to clear their partial liabilities towards the plaintiff, the defendants paid Rs. 10,000/ on 07.09.2009. Thereafter despite repeated request by the plaintiff, the defendants have failed to make further payment till date. It is pleaded that the plaintiff is maintaining regular books of account in the ordinary course of its business and as on 07.09.2009 an amount of Rs. 27,470/ is still outstanding and an amount of Rs. 14,945/ towards the interest as on 12.10.2011. It is alleged that the defendants have not issued the Form C which they were supposed to issue to the plaintiff due to which the CS No. 612/2011 Page No. 4 of 7 plaintiff incurred loss of Rs. 3,857/ . The defendants are therefore liable to pay a total sum of Rs. 46,272/, which includes interest @ 18% per annum to the plaintiff. Prior to the filing of the suit, the plaintiff served legal notice upon defendant no. 1 calling upon defendants to liquidate their liability towards the plaintiff and pay the amount due. The defendants despite receipt of legal notice have failed to pay the outstanding amount to the plaintiff.
3. The defendants were duly served with the summons of the suit. They did not appear to contest the suit filed by the plaintiff. Accordingly, the defendants were proceeded exparte vide order dated 30.01.2012. Thereafter, matter was fixed for exparte evidence of plaintiff.
4. In order to prove its case, the plaintiff got examined Mr. Rajeev Ranjan Kumar, the director of plaintiff company as PW1. The plaintiff did not examine any other witness in support of its case. Accordingly plaintiff's evidence was closed on 12.03.2012.
5. I have heard and considered the submissions advanced by learned counsel for plaintiff and have perused the record of the case.
6. Mr. Rajeev Ranjan Kumar, the director of the plaintiff company filed his evidence by way of affidavit wherein he has reiterated and re affirmed the same facts as has been stated in the plaint. In the course of CS No. 612/2011 Page No. 5 of 7 his deposition, PW1 has proved the Board Resolution dated 06.10.2011 Ex.PW1/A whereby he was authorized to file the present suit against the defendants and depose in the case. He also proved purchase order Ex.PW1/B placed by the defendants for supply of electrical goods, invoice Ex.PW1/C raised by plaintiff upon the defendants, delivery challan Ex.PW1/D, ledger account of defendants Ex.PW1/E and legal notice Ex.PW1/F.
7. The testimony of PW1 has gone uncontroverted and unchallenged. He was not cross examined by the defendants on account of being exparte. Since the defendants failed to contest the suit of the plaintiff, therefore, the averments of the plaintiff being uncontroversial, are deemed to be proved. The claim made by the plaintiff in the present suit remained undisputed and thus, there is no reason to doubt about the genuineness of the claim made in the suit. The documents placed on record by the plaintiff shows the defendants placed purchase order bearing no. BTEPL/W.W.E.S/03/09 dated 28.03.2009 upon the plaintiff for supply of electrical goods. The plaintiff after supply of goods to the defendants as per their specifications raised invoice Ex.PW1/C. The ledger account of the defendants Ex.PW1/E maintained by the plaintiff in its regular course of business shows that as on 30.03.2009 an amount of Rs. 37,470/ is due and payable by the defendants. The defendants CS No. 612/2011 Page No. 6 of 7 are stated to have made part payment of Rs. 10,000/ to the plaintiff. Thus, Rs. 27,470/ is due and outstanding against invoice Ex.PW1/C. The defendants failed to clear their outstanding dues despite availing the services of the plaintiff. The plaintiff has proved its case against the defendants beyond all probability. The plaintiff has further succeeded to prove on record its entitlement for recovery of Rs. 46,272/ from the defendants. The defendants no. 2 and 3 being the directors of defendant no. 1 are jointly and severely liable to pay the outstanding dues of the plaintiff.
8. Hence, in the given circumstances as well as the submissions made by counsel for plaintiff, suit of the plaintiff is decreed with costs against defendants. The defendants no. 2 and 3 being the directors of defendant no. 1 are directed to pay a sum of Rs. 46,272/ to the plaintiff. They are further directed to pay interest @ 12% per annum on the outstanding amount i.e. Rs.27,470/ from the date of filing of the suit till its realization. Decreesheet be prepared. File be consigned to record room.
(Announced in open Court (RAJ KUMAR TRIPATHI)
on 12.03.2012) ADDITIONAL SENIOR CIVIL JUDGE
SAKET COURTS, NEW DELHI.
CS No. 612/2011 Page No. 7 of 7