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[Cites 4, Cited by 0]

Delhi District Court

Khasra No. 72/25 & 72/16 vs Supreme Infrastructure India Ltd on 9 April, 2019

           IN THE COURT OF SH. SANJAY SHARMA­I
          ADJ ­04 (WEST), TIS HAZARI COURTS, DELHI

Civ. DJ No. 176/17

M/s Shri Ganapati Udyog
73/20, Swarn Park
Main Rohtak Road
New Delhi­110041.

Also at

Khasra No. 72/25 & 72/16
Main Rohtak Road
Swarna Park, Mundka
New Delhi­ 110041.                                                           ... Plaintiff

                                          Versus

1. Supreme Infrastructure India Ltd
Regd. Office : Supreme House, Plot no. 94/C
Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra

Also at
Unit No. 510, 5th Floor,
ABV Tower, IIFCO Chowk
M.G. Road, Gurugram (Gurgaon)
Haryana­122001.

2. Sh. Vishwanath Prasad Singh
Director
Supreme Infrastructure India Ltd
Regd. Office : Supreme House, Plot no. 94/C


     Civ DJ No. 176/17   M/s Shri Ganapati Udyog   vs. Supreme Infrastructure India Ltd   Page No. 1 of 12
 Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra.

Also at :
Unit no.510, 5th floor
ABV Tower, IIFCO Chowk
M.G. Road, Gurgram (Gurgaon)
Haryana - 122001

Also at :
B­303, Chaitanaya Towers
Prabhadevi, Dadar (West)
Mumbai - 400025
Maharashtra

3. Sh. Vijay Indukumar Joshi
Director
Supreme Infrastructure India Ltd
Regd. Office : Supreme House, Plot no. 94/C
Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra.

Also at
Unit No. 510, 5th Floor
ABV Tower, IIFCO Chowk
M.G. Road, Gurgaon (Gurgaon)
Haryana - 122001.

Also at
B­205, Shyam Jyot Apartment
Kasturi Park
Navgarh Road
Bhayandar (East)

     Civ DJ No. 176/17   M/s Shri Ganapati Udyog   vs. Supreme Infrastructure India Ltd   Page No. 2 of 12
 Mumbai­401105
Maharashtra

4. Sh. Dakshendra Brijballabh Agarwal
Director
Supreme Infrastructure India Ltd
Regd. Office : Supreme House, Plot no. 94/C
Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra.

Also at
Unit No. 510, 5th Floor
ABV Tower, IIFCO Chowk
M.G. Road, Gurugram (Gurgaon)
Haryana - 122001.

Also at
601, B­Wing, Oberoi Woods
Mohan Gokhale Marg
Opp. W.E. Highway
Goregaon (East)
Mumbai­400063
Mahrashtra

5. Sh. Bhawanishanker Harishchandra Sharma
Wholetime Director
Supreme Infrastructure India Ltd
Regd. Office : Supreme House, Plot no. 94/C
Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra.

Also at
Unit No. 510, 5th Floor

     Civ DJ No. 176/17   M/s Shri Ganapati Udyog   vs. Supreme Infrastructure India Ltd   Page No. 3 of 12
 ABV Tower, IIFCO Chowk
M.G. Road, Gurugram (Gurgaon)
Haryana - 122001.

Also at
Sharma Cottage
Near Chirath Studio
Hiranandi Gardens
A.S. Marg, Powai
Mumbai­ 4000076.
Maharashtra

6. Sh. Vikram Bhawanishankar Sharma
Managing Director
Supreme Infrastructure India Ltd
Regd. Office : Supreme House, Plot no. 94/C
Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra.

Also at
Unit No. 510, 5th Floor
ABV Tower, IIFCO Chowk
M.G. Road, Gurgram (Gurgaon)
Haryana - 122001.

Also at
Sharma Bungalow
Hiranandi Gardens
I.I.T. Powai
Mumbai­ 400076.

7. Sh. Vikas Bhawanishankar Sharma
Wholetime Director
Supreme Infrastructure India Ltd

     Civ DJ No. 176/17   M/s Shri Ganapati Udyog   vs. Supreme Infrastructure India Ltd   Page No. 4 of 12
 Regd. Office : Supreme House, Plot no. 94/C
Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra.

Also at
Unit No. 510, 5th Floor
ABV Tower, IIFCO Chowk
M.G. Road, Gurugram (Gurgaon)
Haryana - 122001.

Also at
Sharma Bungalow
Hiranandani Gardens
I.I.T. Powai
Mumbai - 400076.

8. Sh. Vikas Bhawanishankar Sharma
CFO (KMP)
Director
Supreme Infrastructure India Ltd
Regd. Office : Supreme House, Plot no. 94/C
Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra.

Also at
Unit No. 510, 5th Floor
ABV Tower, IIFCO Chowk
M.G. Road, Gurgaon (Gurgaon)
Haryana - 122001.

Also at
Sharma Bungalow
Hiranandani Gardens

     Civ DJ No. 176/17   M/s Shri Ganapati Udyog   vs. Supreme Infrastructure India Ltd   Page No. 5 of 12
 I.I.T. Powai
Mumbai - 400076.

9. Sh. Vinod Balmukund Agarwala
Director
Supreme Infrastructure India Ltd
Regd. Office : Supreme House, Plot no. 94/C
Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra.

Also at
Unit No. 510, 5th Floor
ABV Tower, IIFCO Chowk
M.G. Road, Gururam (Gurgaon)
Haryana - 122001.

Also at
T. Madhav Kunj
Dixit Road, Vile Parle (East)
Mumbai­400057
Maharashtra

10. Shri Sushil Kumar Mishra
Director
Supreme Infrastructure India Ltd
Regd. Office : Supreme House, Plot no. 94/C
Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra.
Also at
Unit No. 510, 5th Floor
ABV Tower, IIFCO Chowk
M.G. Road, Gurugram (Gurgaon)
Haryana - 122001.

     Civ DJ No. 176/17   M/s Shri Ganapati Udyog   vs. Supreme Infrastructure India Ltd   Page No. 6 of 12
 Also at
D/03, Kinellan Tower
100­A, Napen Sea Road
Mumbai­400006

11. Ms. Nilima Ashok Mansukhani
Director
Supreme Infrastructure India Ltd
Regd. Office : Supreme House, Plot no. 94/C
Pratap Gad, Opposite IIT Main Gate
Powai, Mumbai­ 400076
Maharashtra.

Also at
Unit No. 510, 5th Floor
ABV Tower, IIFCO Chowk
M.G. Road, Gururam (Gurgaon)
Haryana - 122001.

Also at
B­504, Sterling Seaface
Dr. Annie Besant Road
Worli, Mumbai 4000018
Maharashtra


12. Director / Work Manager
Supreme Infrastructure India Ltd
DSIIDC Building Project
Tikri Kalan Nagar, Shirdi Sai Baba Mandir
Near Shamshan Ghat
Mundka Station
New Delhi­ 110041.                                                           ... Defendants


     Civ DJ No. 176/17   M/s Shri Ganapati Udyog   vs. Supreme Infrastructure India Ltd   Page No. 7 of 12
 Date of filing of Suit                                       : 10.02.2017
Date of Reserving Judgment                                   : 25.03.2019
Date of Judgment                                             : 09.04.2019

JUDGMENT

1. The present suit has been filed by the plaintiff against the defendants for recovery of a sum of Rs.9,98,503/­.

2. The facts as averred in the plaint in brief are that the plaintiff is a proprietorship concern, engaged in the business of supply of construction and wooden material including plywood, vanier wooden doors, wooden mouldings, flyash bricks etc. Defendant no.1 is a registered company and involved in the business of construction. Defendant nos. 2 to 12 are its directors. It is the case of the plaintiff that pursuant to the purcahse order received from the defendant company between 12.02.2015 and 14.07.2015, it supplied flyash bricks worth Rs.29,01,161/­ to the defendant no.1 company against various invoices issued on different dates and for different amount. It is further averred that out of the said amount, the defendant no.1 company paid a sum of Rs.19,01,818/­ to the plaintiff and a sum of Rs.9,98,503/­ remains unpaid. A letter dated 09.08.2016 was sent to defendant no.1 company regarding the non payment of the said dues but no response was received from it. A legal notice dated 07.11.2016 was also served upon the defendants, calling upon them to pay the balance consideration price but without any success and hence, the present suit.

Civ DJ No. 176/17 M/s Shri Ganapati Udyog vs. Supreme Infrastructure India Ltd Page No. 8 of 12

3. Initially the suit was filed under order XXXVII CPC, however, on the statement of the ld. counsel for the plaintiff and vide order dated 07.03.2017, it was treated as an ordinary suit for recovery of money.

4. Summons of the suit were sent to the defendants and all the defendants except defendant no.12 was duly served through registered post but they failed to enter appearance or file written statement. Defendant no.12 was deleted from array of parties on the request of ld. Counsel for the plaintiff vide order dated 03.10.2018. On the same date, the other defendants were proceeded against ex­parte.

5. The plaintiff led its ex­parte evidence and examined PW­1 Sh.

Pamit Vats, its Proprietor who proved the fact of his appointing Sh. Bharat Kaushik as his attorney and also on behalf of his firm and proved the said attorney as Ex.PW1/1. The plaintiff further examined PW­2, Sh. Bharat Kaushik, Attorney of the plaintiff, who deposed the facts as stated in the plaint and also herein above. He proved invoices as Ex.PW2/1(colly), invoice no.260 & 273 alongwith challans and statement of account as Ex.PW2/2 (colly), purchase order as Ex.PW2/3, invoices nos. 274, 275, 276 and challans as Ex.PW2/4 (colly), account of defendant maintained by the plaintiff as Ex.PW2/5, letter dated 19.08.2016 Civ DJ No. 176/17 M/s Shri Ganapati Udyog vs. Supreme Infrastructure India Ltd Page No. 9 of 12 as Ex.PW2/6, office copy of legal notice as Ex.PW2/7, postal receipt as Ex.PW2/8 and certificate under Section 65B of Evidence Act as Ex.PW2/9.

6. I have heard Sh. Anshuman, ld. Counsel for the plaintiff and also considered the written synopsis filed by the plaintiff on record.

7. The testimony of PW­1 & PW­2 have gone unchallenged, unrebutted and uncontrovted. The documents relied upon by PW­2 could also not be challenged. According to the invoices raised by the plaintiff, Ex.PW2/1 (colly), PW2/2 (colly), purchase order Ex.PW2/3, invoices and challans, Ex.PW2/4 and the statement of account, Ex.PW2/5, it is clear that plaintiff had supplied flyash bricks to the defendant company on various dates and this fact could not be rebutted by the defendants. The plaintiff has already admitted part payment of the cost of the total material supplied by him and there is nothing to disbelieve the testimony of PW­2 that a sum of Rs.9,98,503/­ remains due upon the defendants. The statement of account filed by the plaintiff supported by the certificate under Section 65 B of Evidence Act as Ex.PW2/9 also confirms this fact. Hence, there is no hesitation to hold that the defendants are jointly and severally liable to pay the said amount to the plaintiff.

Civ DJ No. 176/17 M/s Shri Ganapati Udyog vs. Supreme Infrastructure India Ltd Page No. 10 of 12

8. The plaintiff has also claimed interest on the said amount @ 2.5 % per month. There is no agreement in respect of rate of interest either in the purchase order or in the invoices raised by the plaintiff but still, interest can be awarded to the plaintiff for the payment due. Reference can be made to the judgment in South Eastern Coalfields Limited Vs. State of Madhya Pradesh 2003 Law Suit (SC) 992 where in para 19, it has been held that :

"19.Interest is payable in equity in certain circumstances. The rule of equity is that interest is payable even in the absence of any agreement or custom to that effect through subject,of Course, to a contrary agreement (See: Chitty on Contracts, Addition 1999, Vol. II, Part 38­248, at page 712). Interest in equity has been held to be payable on a market rate even though the deed contains no mention of interest. Applicability of the rule to award interest in equity is attracted on the existence of a state of circumstances being established which justify the exercise of such equitable jurisdiction and such circumstances can be many".

9. Keeping in view the law laid down in the said judgment and provisions of Section 34 CPC and the prevailing rate of interest in Nationalized Banks, I am of the considered opinion that the interest of justice would be served if interest @ 8% per annum is given on the principle outstanding amount to the plaintiff, from the date of filing of the suit till its realization.

10. The suit has been filed within the period of limitation. A proper court fees has been paid and affixed by the plaintiff and this court has territorial as well as pecuniary jurisdiction to try and decide the suit. Hence, the suit of the plaintiff is decreed in its favour and against the Civ DJ No. 176/17 M/s Shri Ganapati Udyog vs. Supreme Infrastructure India Ltd Page No. 11 of 12 defendant in the sum of Rs.9,98,503/ alongwith interest @ 8% per annum from the date of filing of the suit till its realization. Costs of the suit are also awarded to the plaintiff. Decree sheet be prepared accordingly.

11. File be consigned to Record Room. Digitally signed SANJAY by SANJAY SHARMA SHARMA Date: 2019.04.09 16:03:59 +0530 Announced in the open court (Sanjay Sharma­I) on 09th April, 2019 Addl District Judge­04 (West) Tis Hazari Courts, Delhi Civ DJ No. 176/17 M/s Shri Ganapati Udyog vs. Supreme Infrastructure India Ltd Page No. 12 of 12