Delhi District Court
Rolling Elements Pvt Ltd vs Gill Agricultural Implements Pvt Ltd on 2 July, 2025
IN THE COURT OF Sh RAJESH KUMAR GOEL
District Judge (Commercial Court) -02,
Central, Tis Hazari
DLCT010015922025
CS (COMM.) No. 134/2025
CNR No. DLCT010015922025
Rolling Elements Pvt. Ltd.
(Previously known as Dulpack Pvt. Ltd.) Through its
Authorized representative
Shri Lalit Kumar Tatar
Having office at
1520/21, Shop No.1, 1st Floor,
Sham Market, Farashkhana,
Shradhanand Marg, Delhi-110006 ......Plaintiff
Versus
Gill Agricultural Implements Pvt. Ltd.
Through its Director
At Danewala G.T. Road, Malout,
Punjab-152107 ......Defendant
Date of filing of suit : 29.01.2025
Date of Argument : 02.07.2025
Date of Judgment : 02.07.2025
JUDGMENT (Exparte)
1. Vide this judgment, I shall dispose of the present suit for recovery of Rs 9,44,855/- (Rs Nine Lakhs Forty Four Thousand Eight Hundred and Fifty Five only) along with pendentelite and future RAJESH by Digitally signed RAJESH interest filed by the Rolling Elements Pvt. Ltd, KUMAR GOEL KUMAR Date:
GOEL 2025.07.02 15:32:45 +0530 Rolling Elements Pvt Ltd.
Vs Gill Agriculture Implements Pvt.Ltd Date of Judgment 02.07.2025 ( page 1 of 8 ) through its AR ( herein after referred to as 'plaintiff') against the Gill Agricultural Implements Pvt. Ltd through its Director (herein after referred to as 'defendant').
FACTUAL MATRIX
2. The brief facts of the case, as mentioned in the plaint are that plaintiff is a private limited Company registered under the Companies Act; Mr.Lalit Kumar Tater is well conversant with the facts of the present case and vide board resolution dated 05.07.2024, has been authorized to file the present suit on behalf of the plaintiff.
3. It is the case of the plaintiff that defendant is the Private Limited Company duly registered under Companies Act; in the month of December 2020, defendant approached the plaintiff and made a request to supply the goods on credit basis; plaintiff agreed to the same; as per the demand raised orally/telephonically/personally by the defendant, plaintiff supplied the goods to the defendant against the invoices; the defendant was satisfied with the goods sent by the plaintiff and never made any complaint with regard to defect or discrepancy.
Digitally signed by RAJESH RAJESH KUMAR GOEL
4. It is the further case of the plaintiff that KUMAR Date:
GOEL 2025.07.02 15:32:51 +0530 Rolling Elements Pvt Ltd.
Vs Gill Agriculture Implements Pvt.Ltd Date of Judgment 02.07.2025 ( page 2 of 8 ) plaintiff is maintaining the running account of the defendant; during the period 16.12.2020 to 4.2.2023, plaintiff had supplied the goods amounting to Rs 10,44,855/- to the defendant against which defendant had paid an amount of Rs 1,00,000/- on 27.12.2022; as per statement of account, an amount of Rs 9,44,855/- is due and outstanding against the defendant; plaintiff made several requests to the defendant to clear the outstanding dues but no heed was paid; a legal notice dated 06.07.2024 was sent to the defendant but despite that no payment was made by the defendant. Hence, the present suit was filed.
5. Since the subject matter of the suit is a commercial dispute, therefore, the plaintiff appears to have approached Central DLSA in terms of section 12 (A) of the Commercial Court Act, 2015 and the Central DLSA has released a non-starter report dated 03.01.2025 in pre-institution mediation process.
6. Summons of the suit were issued to the defendant but despite the service, defendant has chosen not to appear, therefore, the defendant was proceeded exparte vide order dated 19.05.2025.Digitally signed
RAJESH by
7. Plaintiff has examined Sh. Lalit Kumar Tater, RAJESH KUMAR GOEL KUMAR Date:
GOEL 2025.07.02 15:32:58 +0530 Rolling Elements Pvt Ltd.
Vs Gill Agriculture Implements Pvt.Ltd Date of Judgment 02.07.2025 ( page 3 of 8 ) AR of the plaintiff as PW1. PW1 Lalit Kumar Tater has deposed on the lines of the averments made in the plaint in his evidence by way of affidavit Ex.PW1/A. He has relied upon the documents Ledger account Ex.PW1/1, Tax invoices at page no. 32, 34, 36, 38, 40, 42, 44, 46 and 49 Ex.PW1/2 (colly), Copies of the bilties at page no. 33, 35, 37, 39, 41, 43, 45 and 51 Ex.PW1/3 (colly), Legal notice dated 06.07.2024 Ex.PW1/4, Postal receipts dated 11.07.2024 Ex.PW1/5, GST of plaintiff Ex.PW1/6, GST of defendant Ex.PW1/7, Master data of defendant Ex.PW1/8, Non starter report dated 03.01.2025 Ex.PW1/9, Reply of the legal notice Ex.PW1/10 and Affidavit u/o 11 Rule 6 CPC read with Section 63 of Bhartiya Sakshya Adhiniyam Ex.PW1/11.
8. No other witness was examined by the plaintiff and the exparte plaintiff evidence was closed.
9. Ld. Counsel for the plaintiff submitted that the case of the plaintiff has gone unchallenged as the defendant has chosen not to appear. He further submitted that the plaintiff's witness PW1 Lalit Kumar Tater has proved the relevant documents Digitally ExPW1/1 to ExPW1/11 and the case of the plaintiff signed by RAJESH RAJESH KUMAR KUMAR GOEL Date:
GOEL 2025.07.02
15:33:05
+0530
Rolling Elements Pvt Ltd.
Vs Gill Agriculture Implements Pvt.Ltd Date of Judgment 02.07.2025 ( page 4 of 8 ) has gone unrebutted. Therefore, plaintiff is entitled for the decree as prayed for.
10. I have gone through the material available on record and heard the Ld. Counsel for the plaintiff.
11. The plaintiff has filed the present suit for recovery of money, for which the limitation is three years from the date when the cause of action arises.
12. From the evidence adduced by the plaintiff, particularly the ledger account ExPW1/1, it has come on record that the plaintiff was maintaining a account of the defendant and the last payment of Rs 1,00,000/- received by the plaintiff from the defendant is dated 27.12.2022. In the evidence filed by way of affidavit ExPW1/A, it has been claimed by the plaintiff that plaintiff is maintaining the running account in the name of defendant. The testimony of PW1 has gone unrebutted, therefore, there is nothing on record to disbelieve that it was not a running account. Since the last payment was made on 27.12.2022, therefore, the cause of action arose on 27.12.2022 also. The present case has been filed on 29.01.2025 which is well within the period of limitation. Thus, this court is of the considered Digitally signed opinion that the plaintiff has filed the present suit RAJESH by RAJESH KUMAR GOEL KUMAR Date:
GOEL 2025.07.02 15:33:14 +0530 within the period of limitation as prescribed under Rolling Elements Pvt Ltd.
Vs Gill Agriculture Implements Pvt.Ltd Date of Judgment 02.07.2025 ( page 5 of 8 ) the law.
13. It has come on record that Rolling Elements Pvt. Ltd is having its registered office at Farashkhana, Shradhanand Marg, , Delhi-110006; in the invoices ExPW1/2 (colly) also, the address of the plaintiff has been mentioned as that of Farashkhana, Delhi which falls within the jurisdiction of this Court. Therefore, this court has territorial jurisdiction to try and entertain the present case.
14. In order to prove its case, the plaintiff has examined its AR Lalit Kumar Tater as PW1 who has filed his evidence by way of affidavit ExPW1/A and has deposed on the lines of the averments made in the plaint and has proved the documents from ExPW1/1 to ExPW1/11. From the testimony of PW1, it has come on record that plaintiff had supplied the goods to the defendant vide invoices ExPW1/2 (colly) and goods were sent through Goods Carrier Pvt. Ltd vide bilities ExPW1/3 (colly). The affidavit under order XI Rule 6 Commercial Court Act and section 63 of Bhartiya Shakshya Adhiniam ExPW1/11, certifying/ authenticating the printout of ledger account ExPW1/1 and the printout of invoices ExPW1/2 Digitally signed RAJESH by RAJESH KUMAR GOEL KUMAR Date:
GOEL 2025.07.02 15:33:19 +0530 Rolling Elements Pvt Ltd.
Vs Gill Agriculture Implements Pvt.Ltd Date of Judgment 02.07.2025 ( page 6 of 8 ) (colly) were filed and proved by the plaintiff. It has also been established that as per ledger account ExPW1/1, as maintained by the plaintiff, an amount of Rs 9,44,855/- is due and outstanding against the defendant.
15. The case of the plaintiff has gone unchallenged as the defendant has chosen not to appear before the court and not to contest the suit by filing the written statement. The testimony of PW1 has gone un-rebutted and un-controverted and there is nothing on record to disbelieve the same. Thus, the plaintiff has been able to establish on record that the defendant was under legal obligation to pay an outstanding amount of Rs 9,44,855/-
16. The plaintiff has claimed the pendente-lite and future interest @ 24 % p.a. Keeping in view the overall facts and circumstances of the case, Court is of the view that same is on higher side and interest of justice would be met by awarding the pendente-lite and future interest @ 8% per annum.
17. In view of my aforesaid discussion, the Court is of the view that the plaintiff has been able to prove its case against the defendant. Thus, the suit is decreed in favour of plaintiff and against the Digitally signed RAJESH by RAJESH KUMAR GOEL KUMAR Date:
2025.07.02 GOEL 15:33:23 +0530 Rolling Elements Pvt Ltd.
Vs Gill Agriculture Implements Pvt.Ltd Date of Judgment 02.07.2025 ( page 7 of 8 ) defendant and following reliefs are granted:-
(i.) The plaintiff is entitled to recover an amount of Rs 9,44,855/- (Nine Lakhs Forty Four Thousand Eight Hundred and Fifty Five only ) from the defendant.
(ii.) The plaintiff is also awarded the pendente-lite and future interest @ 8% per annum.
(iii.) Cost of the suit is also awarded in favour of the plaintiff .
18. Decree sheet be prepared accordingly.
19. File be consigned to Record Room, after due Digitally signed RAJESH by RAJESH compliance. KUMAR GOEL KUMAR Date:
GOEL 2025.07.02 15:33:30 +0530 (Rajesh Kumar Goel) District Judge (Commercial)-02 Central, Tis Hazari Courts 02.07.2025 Announced in the Open Court today i.e: 02.07.2025 Rolling Elements Pvt Ltd.
Vs Gill Agriculture Implements Pvt.Ltd Date of Judgment 02.07.2025 ( page 8 of 8 )