Delhi District Court
M/S Scj Plastics Ltd vs M/S Ascent Polyfilms Pvt. Ltd on 21 April, 2011
IN THE COURT OF SH. GAGANDEEP JINDAL, CIVIL JUDGE,
CENTRAL05 TIS HAZARI COURTS , DELHI
Suit No. 473/2010
IN THE MATTER OF:
M/s SCJ Plastics Ltd.
regd. Officer at
F3/1011, Okhla Industrial Area,
Phase 1, New Delhi 110020 ...................Plaintiff
VERSUS
M/s Ascent Polyfilms Pvt. Ltd.
Rewari Road, Jhajjar124103
(Haryana) ....................Defendant
Date of Institution: 16.03.2007
Date of Reserving for Judgment: 21.04.2011
Date of Judgment : 21.04.2011
SUIT FOR RECOVERY OF RS. 2,19,995/ ( TWO LACS
NINETEEN THOUSAND NINE HUNDRED NINETY FIVE ONLY)
UNDER ORDER XXXVII CPC
JUDGMENT UNDER ORDER XXXVII CPC
1.Vide this judgment, I shall dispose of the suit under order XXXVII CPC of recovery of Rs.2,19,995/ filed by the plaintiff. Suit No. 473/2010 Page No. 1 of 5
2. Brief facts of the case are that the plaintiff has filed this suit for recovery of Rs. 2,19,995/ on this basis of invoice/Bill the details of which is as under: Bill no. Date Amount ( in Rs.) 5459 21022004 59,210/ 5830 17032004 59,360/ 5874 19032004 25,334/ It is further submitted that the defendant has confirmed the purchase of said material mentioned in the invoice by way of sales tax Form " C" bearing no. 1476223 and the said material was dispatched by the plaintiff to the defendant from Delhi and the defendant had to make the payment of the said bills to the plaintiff at Delhi. But the defendant had failed to make the payment of above said bills/ invoice . Therefore, the defendant is liable to pay the amount mentioned in the above mentioned invoices as well as interest at the rate of 24 % p.a. from the date of payment till realization. Hence the plaintiff filed the present suit.
3. Summons were duly served to the defendant and he has put his appearance on 23052008. Therefore, the summons for judgment were issued to the defendant. On 15112010 the counsel for the Suit No. 473/2010 Page No. 2 of 5 defendant Sh. Anil Hooda had appeared and submitted that he has not received the copy of summons for judgment and the counsel for plaintiff undertook to supply the same which was duly supplied on 24022011 , which the plaintiff has proved through receiving dt. 24022011. Thereafter, both the parties requested some time to settled the matter and the mater was referred to LokAdalat held on 30012011, but the parties have failed to arrive at settlement .
The defendant ha failed to file file leave to defend despite many opportunity granted to him. As per order 37 rule 3 (6A) " If the defendant has not applied leave to defend , then the plaintiff shall be entitled to judgment forthwith."
In the present case the plaintiff has claimed the amount of Rs. 1,28,904/ on the basis of invoice/bills.
The Hon'ble High Court of Delhi in the case titled as M/s KIG Systel Ltd. Vs. M/s Fujitsu ICIm Ltd. AIR 2001 Delhi (357) has held that : "The Invoice/bills are written contract' within the contemplation of this order. Reference is directed to Messrs. Punjab Pen ouse V. Samrat Bicycle Ltd. , AIR 1992 Delhi I, Corporate Voice ( pvt) Ltd. Vs. Uniroll Leather India Ltd., ( 1995) 60 DLT321, and Beacon Electronic V. Suit No. 473/2010 Page No. 3 of 5 Sylvania and Laxman Ltd., 1998 (3) Apex Decision ( Delhi) 141: ( 1998 HIHC 3118). There is , thus, no hesitancy in holding that the present suit is a suit which should be tried under the summary procedure of Order XXXVII of the CPC."
In this case also the plaintiff has claimed the amount on the basis of invoice/Bills . These bills have been admitted by the defendant as he has issued sale tax form " C" to the plaintiff Therefore, the plaintiff is entitled to the amount of Rs. 1,28,904/ .
The Hon'ble High Court of Delhi in the case titled as Volta Limited Vs. Union of India and others 156( 2009) DLT 122 has held that : "Defendant having no cared to make payment of due amount to make payment of due amount to plaintiffs, have rendered themselves liable to pay interest on overdue amount @ 15% p.a. from the date principal amounts became due and payable till date of realization.
ii) InterestAward ofWhere terms and conditions on invoices stipulate that interest at a certain rate p.a. is payable, said interest constitutes agreed rate of interest."
In view of above mentioned judgments, the plaintiff is entitled to the interest @ 24 % p.a. as mentioned in the invoice. The plaintiff is also entitled to the pendentelite and future interest Suit No. 473/2010 Page No. 4 of 5 @ 24 % p.a. from filling of the suit till the actual realization of the decreetal amount.
4. Relief.
Hence a decree for the recovery of Rs. 2,19,995/ along with pendentelite and future interest @ 24 % p.a. from filling of the suit till the actual realization of the decreetal amount, is passed in favour of the plaintiff. Cost of the suit is also awarded to the plaintiff. Decree sheet be prepared accordingly. File be consigned to record room.
Announced & signed in the ( Gagandeep Jindal ) open court on 21042011. Civil Judge/Central05 Delhi Suit No. 473/2010 Page No. 5 of 5