Delhi District Court
M/S Samridhhi Electomart Pvt. Ltd vs Sh. Mukesh Kumar Kaushik on 11 October, 2022
IN THE COURT OF MS. DEEKSHA RAO: CIVIL JUDGE-04:
CENTRAL DISTRICT: TIS HAZARI COURT: NEW DELHI
Case No. 183/20
IN THE MATTER OF:-
M/s Samridhhi Electomart Pvt. Ltd.
70, Hanuman Road,
Angoori Bagh, Delhi-110006.
(Through its AR Sh. Prem Kumar Sethi). ...Plaintiff
VERSUS
Sh. Mukesh Kumar Kaushik
Prop. Of M/s Gifts Infotech,
204, Rajender Jaina Tower,
Comm. Complex, Wazirpur,
New Delhi-110052.
Also at
Shop no. 101, IP Tower,
Wazirpur Industrial Area,
Wazirpur, New Delhi-110052. ...Defendant
Date of filing : 17.01.2020
Date of Institution : 18.01.2020
Date of pronouncing judgment : 11.10.2022
SUIT FOR RECOVERY OF RS.1,75,000/-.
JUDGMENT
Vide this judgment, I shall dispose of the present suit filed by the plaintiff for recovery of Rs.1,75,000/-. The brief facts of the present case are as follows:-
CS SCJ 184/20
M/S SAMRIDDHI ELECTROMART PVT. LTD. Vs. M/S MEGA BYTES IT PVT. LTD. Judgment dated 11.10.2022 Page no. 1 of 5
1. The plaintiff is a duly incorporated Pvt. Ltd., registered under the provision of Indian Comapnies Act, and is engaged in the business of trading of electronics/electricals goods and their components/accessories. The defendant is the proprietor of M/s Gits Infotech engaged in business of sale of electronics/electrical goods and their components/accessories.
The defendant had been purchasing electronic goods and its components from the plaintiff on credit through various invoices on different dates and different amounts. After adjusting the part payments made on different dates, there is an outstanding balance of Rs.1,52,275/- against the defendant, which amount has not been paid/cleared inspite of various demand and request made by the plaintiff. Left with no other option the plaintiff served a legal notice dated 16.07.2019 but inspite of service of the said notice, the defendant has failed to pay the outstanding amount hence, the present suit.
2. Summons issued to defendant were received back as served.
The defendant was given the liberty to file written statement. However, no one appeared on behalf of defendant and neither any written statement was filed. Hence, the defendant was CS SCJ 184/20 M/S SAMRIDDHI ELECTROMART PVT. LTD. Vs. M/S MEGA BYTES IT PVT. LTD. Judgment dated 11.10.2022 Page no. 2 of 5 proceeded ex-parte on 28.02.2022.
3. In its ex-parte evidence, the plaintiff examined Sh. Prem Kumar Sethi, AR as PW-1, who tendered his evidence by way of affidavit Ex. PW1/A and relied upon the following documents:-
1) Certified copy of extracts of board resolution dated 19.01.2017 is Ex.PW-1/1.
2) Invoices are Ex.PW-1/2 to Ex.PW-1/3.
3) E-way bill is Ex.PW-1/4.
4) Ledger account statement is Ex.PW-1/5.
5) Certificate under Section 65B of the Indian Evidence Act is Ex.PW-1/6.
6) Cheque bearing no. 263999 dated 09.06.2019 is Ex.PW- 1/7.
7) Return memo dated 11.06.2019 alongwith a letter is Ex.PW-1/8 (colly.).
8) Legal notice dated 16.07.2019 is Ex.PW-1/9 and speed post receipt is Ex.PW-1/10.
9) Copy of certificate of incorporation of plaintiff's company is Mark A.
4. PW-1 was not cross examined by the defendant. At the stage of final arguments also, no one turned up on behalf of defendant.
CS SCJ 184/20M/S SAMRIDDHI ELECTROMART PVT. LTD. Vs. M/S MEGA BYTES IT PVT. LTD. Judgment dated 11.10.2022 Page no. 3 of 5
5. The evidence of PW-1 stands unrebutted and unchallenged. The present suit has been filed within the period of limitation. The plaintiff has placed on record the invoices Ex.PW-1/2 to Ex.PW-1/3, e-way bill Ex.PW-1/4 and ledger account statement Ex.Pw-1/5 showing the placement of order and delivery of goods to the defendant by the plaintiff. The plaintiff has also placed on record the cheque bearing no. 263999 dated 09.06.2019 Ex.PW-1/7 issued by the defendant and returning memo dated 11.06.2019 Ex.PW-1/8 and notice dated 16.07.2019 and speed post. In view of the unchallenged testimony of PW-1 and on the basis of material on record it may be said that the plaintiff has been able to prove his case on the basis of preponderance of probabilities.
6. Plaintiff has prayed for interest of 24% p.a. which seems to be exorbitant. In the given facts and circumstances, court is only inclined to award interest @ 6% p.a.
7. In view of the discussion above, the present suit is hereby decreed in favour of the plaintiff and against the defendant. The plaintiff is entitled to a decree for a sum of Rs.1,75,000/- alongwith interest @ 6% p.a. from the date of filing of the suit CS SCJ 184/20 M/S SAMRIDDHI ELECTROMART PVT. LTD. Vs. M/S MEGA BYTES IT PVT. LTD. Judgment dated 11.10.2022 Page no. 4 of 5 till actual realization.
8. Costs of the suit be also awarded in favour of plaintiff.
9. With these observations, the present suit is disposed of.
10. Decree sheet be prepared accordingly.
11. File be consigned to Record Room after due compliance. Digitally signed by DEEKSHA RAO
DEEKSHA Date:
RAO 2022.10.11
17:16:23
+0530
(Deeksha Rao)
CJ-04, Central,THC/Delhi
Announced in the open Court on this 11th day of October 2022 This judgment consists of 5 signed pages. CS SCJ 184/20 M/S SAMRIDDHI ELECTROMART PVT. LTD. Vs. M/S MEGA BYTES IT PVT. LTD. Judgment dated 11.10.2022 Page no. 5 of 5