Delhi District Court
Anant Bir Singh Jain vs Fintoosh Technology Pvt. Ltd on 2 December, 2025
IN THE COURT OF MS. SANA KHAN, CIVIL JUDGE-05:
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI.
Suit No.167/24
CNR No.DLCT-03-000559-2024
SH. ANANT BIR SINGH JAIN
PROPRIETOR OF RISHAB MARKETING CO.
At 17-18, Katra Baryan, Fatehpuri,
Chandni Chowk, Delhi-06
Through his son Abhishek Jain
General Power of Attorney holder
...PLAINTIFF
VERSUS
1. FINTOOSH TECHNOLOGY PVT. LTD,
1115, Tower B4, Spaze I-Tech Park, Sohna Road,
Sector-49, Gurugram-122018 (Haryana)
2. SH. VIKAS KUMAR SRIVASTAVA,
DIRECTOR OF FINTOOSH TECHNOLOGY PVT.
LTD, At: 1115, Tower B4, Spaze I-Tech Park, Sohna
Road, Sector-49, Gurugram-122018 (Haryana)
Also At: Flat No. 102, Tower-25,
Orchid Petals, Sector -49, South City-II,
Sohna Road, Gurugram-122018 (Haryana)
3. MS. SHIKHA KOTHARI DIRECTOR AND
AUTHORISED SIGNATORY
FINTOOSH TECHNOLOGY PVT. LTD,
At: 1115, Tower B4, Spaze I-Tech Park,
Sohna Road, Sector-49, Gurugram-122018 (Haryana)
Also At: 30, Gautam Nagar, Andrews Ganj,
South Delhi, Delhi-110049.
......Defendants
Anant Bir Singh Jain Vs. Fintoosh Technlogy Pvt. Ltd. 1/6
Date of Institution : 25.01.2024
Date of decision : 02.11.2025
Decision : Decreed
JUDGMENT
1. The present suit is filed by the plaintiff against the defendants, seeking recovery of a sum of Rs.1,39,071/- along with pendente lite and future interest @ 18% per annum.
2. The brief facts of the present case are that plaintiff is in the business of selling Desktop, Laptop, Monitors, CCTV Camera and other allied items in the name and style of M/s Rishab Marketing Company. Sh. Abhishek Jain is the son and General Power of Attorney holder of plaintiff. He looks after day to day business of the plaintiff's firm and is well conversant with the facts of the present case.
3. That, defendant no.1 is a Private Limited Company,wherein defendant No.2 and defendant no.3 are Directors. That, on 03.09.2021, defendant no.1 placed verbal order for purchase of 15 desktop, 22 LEDs, keyboard, mouse and four sets of Dell Laptop, worth Rs.4,62,560/-. That, defendant no.1 issued several cheques towards part payments of the aforesaid amount, some of which got encashed and some were dishonoured. That, as per Statement of Account, defendant no.1 was liable to pay a sum of Rs.1,05,346/- to the plaintiff by the end of financial year 2023-24.
Anant Bir Singh Jain Vs. Fintoosh Technlogy Pvt. Ltd. 2/6
4. That, despite repeated requests of the plaintiff, defendants did not pay the aforesaid balance amount. Consequently, a legal notice was sent to the defendants. Despite service of such notice, defendants failed to clear the dues to the plaintiff. Hence, the present suit was filed seeking recovery of a total of Rs. 1,39,071/- (Rs.1,05,346/- principal amount + Rs.33,725/- interest accrued thereupon).
5. Summons of the present suit were issued to the defendants. Defendants were served by way of publication in newspaper namely 'Punjab Kesri' on 12.12.2024. Despite service, defendants did not enter appearance. Consequently, they were proceeded ex-parte vide order dated 22.05.2025.
6. Matter then proceeded for PE. PW-1 Sh. Abhishek Jain tendered his evidentiary affidavit as Ex.PW1/A. He deposed on the same lines as that of his pleadings. He relied upon the following documents:-
Sr. Exhibit/Mark Nature of Documents
No.
1. Ex. PW1/1 Internet downloaded copy of GST registration of
plaintiff's firm
2. Ex. PW1/2 GPA executed in his favour
3. Ex. PW1/3 Internet downloaded copy of GST registration
of defendant no.1 company
4. Ex.PW1/4 Details of defendant's sister company namely
Web Smart Technology Pvt. Ltd.
5. Ex. PW1/5 Original tax invoice dated 03.09.2021
6. Ex. PW1/6 Ledger account from 01.04.2021 till 31.03.2022
7. Ex. PW1/7 Original dishonoured cheque dated 25.10.2021
Anant Bir Singh Jain Vs. Fintoosh Technlogy Pvt. Ltd. 3/6
8. Ex. PW1/8 Return memo issued by bank
9. Ex. PW1/9 Original dishonoured cheque dated 25.10.2021
10. Ex. PW1/10 Return memo issued by bank
11. Ex. PW1/11 Ledger Account form 01.04.2022 till 31.03.2023
12. Ex. PW1/12 Ledger Account form 01.04.2022 till 31.03.2023
13. Ex. PW1/13 Legal notice
14. Ex. PW1/14 to Speed Post Receipts
Ex.PW1/18
15. Ex. PW1/19 to Tracking Report
Ex.PW1/23
16. Ex. PW1/24 Returned Speed Post
17. Ex. PW1/15 Certificate u/s 65-B of Indian Evidence Act
7. Plaintiff chose not to examine any other witnesses. Hence, PE was closed on 06.08.2025. Ex-parte final arguments were addressed by counsel for plaintiff.
8. I have considered the arguments putforth by counsel for the plaintiff and perused the case file carefully.
9. It is the case of the plaintiff that he delivered several goods to the defendant no.1 Company and raised an invoice for a sum of Rs.4,62,560/- for the said purchase. That, defendant no.1 made part payment of the aforesaid amount and as per the plaintiff's Books of Account, a sum of Rs.1,05,346/-was outstanding upon defendant no.1.
10. In order to prove the case of the plaintiff, PW-1 filed the invoice Ex.PW1/5, raised by plaintiff against the defendant. PW-1 also filed a copy of the Ledger Account Ex.PW1/12 maintained by the plaintiff firm, in which a sum of Rs.1,05,346/-
Anant Bir Singh Jain Vs. Fintoosh Technlogy Pvt. Ltd. 4/6 is clearly reflecting to be outstanding upon the defendant no.1. PW-1 also filed the original cheques Ex.PW1/7 and Ex.PW1/9, allegedly issued by defendant no.1 in discharge of its pecuniary liability, which got dishonoured vide return memo Ex.PW1/8 & Ex.PW1/10.
11. Since the defendants chose not to contest the suit, the averments in the plaint as well as the documents filed in support of the plaint, have gone unchallenged. The testimony of plaintiff's witness has remained unrebutted. As such, the court has no reasons to disbelieve the claim of the plaintiff. In view of the above, the claim of the plaintiff regarding the dues of Rs.1,05346/- outstanding upon the defendant no.1 stands established.
12. As far as the interest is concerned, plaintiff has computed an interest @18% per annum on the principal amount. However, this court is of the view that this rate of interest is extremely exorbitant and unjustified. This court deems it fit to award an interest @ 8% per annum from the date of invoice till its realization.
13. Accordingly, the present suit is decreed. Plaintiff is held entitled to recovery of Rs.1,05,346/- along with interest @ 8% per annum from the defendant no.1 from the date of invoice i.e. 03.09.2021 till its realization. Plaintiff is also held entitled to costs of suit.
14. To rule out any confusion, it is hereby clarified that Anant Bir Singh Jain Vs. Fintoosh Technlogy Pvt. Ltd. 5/6 defendant no.2 & 3, being the Directors of defendant no.1 company are not personally liable for the debts of the company.
15. Decree sheet be prepared accordingly.
16. File be consigned to record room after due compliance.
Announced in the open court SANA Digitally signed by SANA KHAN Date: KHAN 2025.12.02 on 02.11.2025 15:05:01 +0530 (Sana Khan) Civil Judge-05, Central District Tis Hazari Courts,Delhi Anant Bir Singh Jain Vs. Fintoosh Technlogy Pvt. Ltd. 6/6