Delhi District Court
Canadian Speciality Vinyls vs M/S Ls Industries Ltd on 15 September, 2014
IN THE COURT OF SH. KULDEEP NARAYAN,
ADDITIONAL DISTRICT JUDGE - 18, (CENTRAL),
TIS HAZARI COURTS, DELHI
Suit No. - 345/14
Unique ID No. - 2401C0 40942 2012
Canadian Speciality Vinyls,
49,Rani Jhansi Road,
New Delhi - 110 055.
Through: Shikhar Mahajan, Partner
.......... Plaintiff
VERSUS
M/s LS Industries Ltd.,
Village: Bairsen,
P.O: Manjholi,
Tehsil: Nalagarh,
Solan (Himachal Pradesh - 174 101).
Through its: Managing Director
.......... Defendant
Date of Institution : 01/09/2012
Date on which reserved for judgment : 05/09/2014
Date of decision : 15/09/2014
EX-PARTE JUDGMENT
Suit for recovery of Rs. 10,68,275/-.
1.Plaintiff filed the suit for recovery of Rs. 10,68,275/-.
2. The relevant facts as per the plaint are; that plaintiff is a partnership firm, engaged in manufacture of PVC Vinyl sheets; that the defendant is a public limited company engaged in multifarious activities including apparels; that the defendant approached the plaintiff for an order for flex sheets to the tune of Rs. 16,25,938/-, whereupon the plaintiff S. No. 345/14 Canadian Specialty Vinyls Vs. M/s LS Industries Ltd. 1/3 directed his factory at Kashipur to dispatch the material to the defendant; that plaintiff supplied the requisite material vide its Invoice No. SIE - 000418 dated 15/07/2011 for the value of Rs. 16,25,938/-; that the material were received and acknowledged by the defendant vide goods Receipt Note No. 314 dated 15/07/2011; that at the time of placement of order defendant induced the plaintiff to supply to the defendant, material to the tune of Rs. 16,61,512/-; that after two months of receiving of material, defendant only made payment of Rs. 8,00,000/- on 08/09/2011 vide cheque in place of Rs. 16,61,512/-; on many requests of plaintiff defendant, vide their letter dated 21/04/2012 made an offer to give some material to the plaintiff, in lieu of outstanding payment due from them, but to no avail; that plaintiff requested many times to the defendant for balance payment of Rs. 8,61,512/-, but to no avail, hence the present suit.
3. Defendant was served by way of ordinary process as well as by registered post but failed to appear and was proceeded against ex- parte vide order dated 20/07/2013.
4. In support of his contention, the plaintiff got examined himself vide affidavit Ex. PW1/1 and deposed on the line of facts as mentioned in the plaint. The plaintiff also relied upon the certificate of registratioin of Partnership is Ex. PW1/A, Resolution of Partners Ex. PW1/B and goods receipt note No. 314 dated 15/07/2011 Annexures A & B are Ex. PW1/C and Ex. PW1/D.
5. I heard arguments and perused the material available on record.
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6. Despite service of summons, the defendant chose not to appear and contest the suit on merits. The testimony of PW1 remained un-controverted, hence I have no reason not to believe the same.
7. As per the testimony of PW1, as per para 5, the plaintiff supplied the material to the tune of Rs. 16,61,512/- to the defendant and defendant only made the payment of Rs. 8,00,000/-. Thus the defendant is liable to pay the balance amount with interest.
8. Accordingly, suit of the plaintiff is decreed with costs. The defendant is directed to pay to the plaintiff a sum of Rs. 8,61,512/- alongwith pendentelite and future interest @ 9% per annum from the date of filing of the suit till its realization.
Decree Sheet be prepared accordingly.
File be consigned to Record Room after due compliance.
Dated: 15/09/2014 (Kuldeep Narayan)
Announced in open Court. Additional District judge-18, (Central)
Room No. 349, Tis Hazari Courts, Delhi.
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