Delhi District Court
Iffco-Mc Crop Science Pvt. Ltd vs Venkateshwar Fertilisers on 7 December, 2021
IN THE COURT OF MS. NITI PHUTELA SENIOR CIVIL JUDGE
(SOUTH DISTRICT) SAKET COURTS, NEW DELHI
C.S. No. 606/21
IFFCO-MC CROP SCIENCE PVT. LTD.
(Through its AR)
Reg Office at:
IFFCO Sadan, C-I, District Centre,
Saket Place, New Delhi-110017.
Corp. Office at:-
Surendra Jhakar Bhawan,
Tower-B, 3rd Floor, Plot No.3,
Sec-32, Gurugram, Haryana-122001 .....Plaintiff.
VERSUS
VENKATESHWAR FERTILISERS
(Through its Proprietor Hirude Puttaswamy Navi Kumar)
001, Venkateshwara Fertilisers
N.M. Road, Pandavapura Mandya District
Mandya, Karnataka-571434
Mobile No.: 9886864996 .....Defendant.
Date of Institution : 06.08.2021.2021
Date of reserving of Judgment : 07.12.2021 (pre-lunch)
Date of Order : 07.12.2021 (post-lunch)
Civil Suit under Order XXXVII of Code of Civil Procedure for recovery of
amount of Rs.2,99,620/- along with interest
CS SCJ No. 606/21
IFFCO MC CROP SCIENCE PRIVATE LIMITED TH. A.R. Page 1 of 4
Vs VENKATESHWAR FERTILISERS
ORDER
1. The case of the plaintiff is that plaintiff is a company, registered under the Companies Act, 2013 and is engaged in business of manufacturing and supplying of various agrochemical products. That defendant is engaged in the business of and/or is a dealer of agrochemical products in Mandya, Karnatka. The GST registration of the defendnat is "29AJTPK8766H1Z8". The defendant also operates its business under the name and style of "IFFDC - Venkateshwara Fertilisers, Pandvapura".
2. Plaintiff has been dealing with the defendant since 2016. The defendant had purchased certain agrochemical products from the plaintiff and made part payments from time to time. Account of defendant was settled after the plaintiff granted a discount of Rs.35/ after the payment on 13.09.2019.
3. On 04.10.2019, defendant purchased certain goods for a sum of Rs.2,92,481/ against which invoice bearing no. KT/HU/19/802 was issued. As per the terms of invoice, defendant was obligated to make the payment within the respective credit period time and in default, defendant is contractually liable to pay interest, calculated @ 1.5 % pm on the value of the respective invoices. That ledger account of defendant is also maintained by plaintiff regarding the above said invoices.
4. On 29.04.2020, defendant made part payment of Rs.50,000/, which was adjusted against the amount due and payable on invoice and an amount of Rs.2,42,481/ was outstanding.
5. On 30.09.2020, plaintiff granted sales incentive of Rs.1,726/ to the defendant by issuing a credit note bearing no. KT/CN/20/292. The amount CS SCJ No. 606/21 IFFCO MC CROP SCIENCE PRIVATE LIMITED TH. A.R. Page 2 of 4 Vs VENKATESHWAR FERTILISERS of the sales incentive was adjusted against the invoice and an amount of Rs.2,40,755/ was outstanding.
6. Thereafter, the defendant stopped making payment. In October, 2021 the defendant issue a duly signed and stamped "balance confirmation" to plaintiff, as per which, the principal amount of Rs.2,40,755/ was due. However, the defendant did not make any payment.
7. Hence, plaintiff has filed the present suit for recovery of Rs.2,99,620/ (Rs.2,40,755/towards the principal amount of invoices and an interest of Rs.58,865/ calculated at the rate of 1.5 % pm from the due dates of invoices till 31.07.2021), along with interest @ 18 % per annum from the date of filing the suit till realization of the decreed amount along with cost.
8. Defendant was served through whatsapp with the summons of the present suit on 24.11.2021. However, no appearance has been filed till date as is reported by Ahlmad, eventually the plaintiff is entitled to a decree in its favour.
9. Submissions of Ld. Counsel for the plaintiff heard. Record perused.
10. In support of his contentions, the plaintiff has filed copy of board resolution dated 02.08.2020,, copy of Aadhar Card of AR, copy of ledger account of defendant, copy of invoice dated 04.10.2019 issued by the plaintiff towards goods sold by it to defendant, copy of credit note bearing no. KT/CN/20/292 dated 30.09.2020, scanned copy of signed and stamped balance confirmation issued by the defendant to the plaintiff company in the month of October, 2021.
11. The present suit is for sum of Rs.2,99,620/ which is a liquidated amount and based on invoices supported with statement of accounts and balance CS SCJ No. 606/21 IFFCO MC CROP SCIENCE PRIVATE LIMITED TH. A.R. Page 3 of 4 Vs VENKATESHWAR FERTILISERS confirmation, thus, falls within the ambit of Order XXXVII CPC. The present suit has been filed on 06.08.2021, which is within the stipulated period of three years from last payment received, thus, is within the period of limitation. The transaction had taken place between the parties at Delhi and thus, within the territorial jurisdiction of this Court.
12. Thus, in view of the aforesaid discussion, suit is hereby decreed for a sum of Rs.2,99,620/. The prayer for grant of future interest is declined in view of Order XXXVII Rule 2(3) of CPC, 1908. No order as to cost.
13. Decree sheet be prepared accordingly.
14. File be consigned to Record Room after necessary compliance.
Announced in the open court ( NITI PHUTELA)
on 07.12.2021. SCJ/(South)Saket Courts,
New Delhi.
CS SCJ No. 606/21
IFFCO MC CROP SCIENCE PRIVATE LIMITED TH. A.R. Page 4 of 4
Vs VENKATESHWAR FERTILISERS