Delhi District Court
Harish Wadhwa vs . Vijay Kumar on 1 April, 2023
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HARISH WADHWA VS. VIJAY KUMAR
IN THE COURT OF VIVEK KUMAR AGARWAL, CIVIL JUDGE 03,
SHAHDARA DISTRICT, KKD COURTS, DELHI
Civil Suit No : 187/22
Date of Institution: 16.02.2022
Date of Decision : 01.04.2023
Sh. Harish Wadhwa
Prop. M/s SN Traders
Having Office at
IX/6786, Kapoor Basti,
Mahaveer Chowk, Gandhi nagar,
Delhi31
Through SPA
Sh. Manish Wadhwa
...............Plaintiff.
V.s.
Sh. Vijay Kumar
Prop. M/s Kajal Handloom
Having office at:
ITI Colony, Jai Prakash Nagar,
Bettiah, West Champaran, Bihar845438
Mob No.7004254336, 9430036171
.............Defendant.
SUIT FOR RECOVERY OF RS.94,265/ ALONG WITH PENDENTLITE
AND FUTURE INTEREST @ 18%P.A.
Present: None for plaintiff.
Defendant exparte vide order dated 16.08.2022.
Civil Suit No: 187/22 Harish Wadhwa
Vs.
Vijay Kumar (Vivek Kumar Agarwal)
CJ03/KKD/Delhi
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HARISH WADHWA VS. VIJAY KUMAR
Exparte judgment :
1.The present suit has been filed by the plaintiff through his Attorney namely Manish Wadhwa for recovery of Rs.94,265/ alongwith interest pendent elite and future @ 18% p.a. from the defendant and to award the cost of the proceedings in favor of plaintiff.
2. The case of the plaintiff is that plaintiff is engaged in the business of trading ready made garments, jeans etc. That the defendant had approached the plaintiff for purchase of goods. That the plaintiff supplied goods to the defendant as per the requirement and raised invoices and bills against the goods supplied. That the defendant had made part payment and as per the statement of account maintained by the plaintiff, a total outstanding amount of Rs.94,265/ was due as on 11.12.2021 along with interest @ 18% p.a. That the defendant had entered into a contract with the plaintiff and is under legal obligation to make payment against the goods supplied to him. That the defendant evaded the payment even after several requests and reminders of the plaintiff. That the defendant had also issued a cheque bearing no. 000728 dated 20.01.2021 for Rs.32,424/ drawn on Andhra Bank (Now Union Bank of India), Christian Quarters, CHU Road, Bettiah West, Bihar845438, towards the outstanding amount. However, the said cheque when presented by the plaintiff for encashment got dishonored on 29.01.2021 and 20.04.2021.That the plaintiff served a legal notice dated 20.02.2021 to the defendant calling upon him to clear the dues, however the said notice was neither complied with by the defendant nor any reply to the same was made. That the Civil Suit No: 187/22 Harish Wadhwa Vs. Vijay Kumar (Vivek Kumar Agarwal) CJ03/KKD/Delhi 3 HARISH WADHWA VS. VIJAY KUMAR plaintiff has no other legal and efficacious remedy available, hence this present suit.
3. The defendant was duly served, however, he failed to appear before the court despite service and to file any WS and accordingly was proceeded exparte vide order dt. 16.08.2022 and matter was fixed for exparte evidence.
4. To prove his case plaintiff examined his Attorney namely Manisha Wadhwa in to the witness box as PW1 by tendering his affidavit Ex. PW1/A and also tendered some documents as Ex. PW1/1 to Ex. PW1/12 and Mark A including GST certificate, SPA, Invoice along with GRs and eway bills, ledger account, cheque in question, return memo, copy of legal notice, speed post receipt, track report, Certificate U/s 65B of IEA and Cheque return intimation memo dt. 29.01.2021 Thereafter, evidence was closed by plaintiff vide a separate statement dated 09.12.2022.
5. In the present case, the defendant has failed to appear in the Court either in person or through his counsel despite being duly served. Since, the defendant has chosen not to appear and challenge the suit of the plaintiff, the evidence led by the plaintiff has remained unchallenged, uncontroverted and unrebutted, however, at the same time, court has to scrutinize the case of plaintiff on the basis of the evidence led by the plaintiff.
6. It is to observe that entire case of plaintiff is based upon the ledger account Ex.PW1/6, which has been stated to be maintained in due course of business.
Civil Suit No: 187/22 Harish Wadhwa
Vs.
Vijay Kumar (Vivek Kumar Agarwal)
CJ03/KKD/Delhi
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HARISH WADHWA VS. VIJAY KUMAR
Perusal of same provides that amount of Rs. 83,925/ was due towards the Kajal Handloom, of which the defendant is stated to be the proprietor in the evidence of PW1. Said account statement which is the electronic print out is duly supported by the Certificate U/s 65B of IEA i.e. Ex.PW1/12 and same is further corroborated by the invoice Ex.PW1/3 as well as GR receipt Ex.PW1/4. Even otherwise, as the defendant failed to contest the matter despite his appearance before the court, there is no reason to disbelieve the case of the plaintiff. Accordingly, I am satisfied that plaintiff has proved his case to the standard of preponderance of probabilities that defendant is liable to pay the amount of Rs. 83,925/ to the plaintiff.
7. Again, as the invoice in question dated 18.10.2019 and suit has been filed on 16.02.2022 and therefore, same is well within the period of limitation of three years.
8. Regarding the interest claimed @ 18% p.a. it is to observe that same is mentioned in the invoice on the delayed payment and therefore, being the agreed rate of interest, plaintiff is entitled for the simple interest @ 18% p.a. from the date of institution of suit i.e. 16.02.2022 till date of recovery of the amount.
9. In view of the aforesaid discussion, suit of the plaintiff is hereby partly decreed with costs to the effect that defendant shall pay the amount of Rs. 83,925/ along with simple interest on the said amount @18 % p.a. from the date of institution of suit till date of recovery of the amount, within 02 months from date Civil Suit No: 187/22 Harish Wadhwa Vs. Vijay Kumar (Vivek Kumar Agarwal) CJ03/KKD/Delhi 5 HARISH WADHWA VS. VIJAY KUMAR of decree, failing which, the plaintiff shall be at liberty to approach the court for recovery of said amount.
10. Decree sheet be prepared accordingly. File be consigned to record room after due compliance.
Pronounced in open court: (Vivek Kumar Agarwal)
Dated: 01.04.2023 Civil Judge03, Shahdara,
KKD Courts, Delhi
Note : This Judgment contains five pages and all the pages have been
checked and signed by me.
(Vivek Kumar Agarwal)
Date: 01.04.2023 Civil Judge03, Shahdara,
KKD Courts, Delhi
Civil Suit No: 187/22 Harish Wadhwa
Vs.
Vijay Kumar (Vivek Kumar Agarwal)
CJ03/KKD/Delhi