Delhi District Court
Saraogi Super Sales Pvt. Ltd vs Sandeep Kumar on 19 March, 2026
1
Saraogi Super Sales Pvt. Ltd Vs. Sandeep Kumar
IN THE COURT OF MS. PADMA LADOL: CIVIL JUDGE-03
SHAHDARA: KARKARDOOMA COURTS: DELHI
CS No. 257/2023
CNR No. DLSH030004532023
Saraogi Super Sales
Through its AR
Shri Dharmender
At- X-49, Pratap Gali,
Gandhi Nagar, Delhi-31.
...............Plaintiff
Versus
Sandeep Kumar
Proprietor of M/s New Ananya Dresses
At -14/G, Ward No. 10, Sasaram Road,
Bikramganj, Rohtas, Bihar- 802212.
.............Defendant
SUIT FOR RECOVERY OF Rs. 2,08,098/- ALONG WITH PENDENTE
LITE AND FUTURE INTEREST
Date of Institution : 07-03-2023
Date of Decision : 19.03.2026
Final Order : DECREED
EX-PARTE JUDGMENT
1.The present suit has been filed by the plaintiff company through its AR for recovery of Rs. 2,08,098/- along with pendente lite and future interest @ 18% p.a. and to award the cost of suit along with pleader's fee and any other relief as deemed fit by the court in favor of the plaintiff.
Civil Suit No: 257/23 M/s Saraogi Super Sales Pvt Ltd (Ms. Padma Ladol)
v. CJ-03/SHD/KKD/Delhi
Sandeep Kumar
Digitally
signed by
PADMA
PADMA LADOL
LADOL Date:
2026.03.19
16:07:55
+0530
2
Saraogi Super Sales Pvt. Ltd Vs. Sandeep Kumar
2. The case of the plaintiff is that plaintiff company is a well known and reputed organization, which deals in readymade garments. That plaintiff is mainly engaged in retail/wholesale/trading activities of readymade garments. That defendant had approached the plaintiff for supply of ready made garments on 30 days credit period. That plaintiff agreed for the same and took KYC of defendant for creating buyers account in its system. That against valid and confirmed order, plaintiff started supplying goods to defendant on credit basis and defendant had a running trade receivable/debtor account in books of plaintiff. That during the course of business, defendant placed various orders for supply of readymade garments against due tax invoices/bills. That plaintiff had supplied goods to the defendant from time to time as per its requirements and defendant had acknowledged the receipt of goods. That as per the statement of account of the defendant maintained by plaintiff, an outstanding amount of Rs.2,08,098/- is due against the defendant. That plaintiff approached the defendant for payment of the said amount, however, defendant evaded the same on one pretext or the other. That lastly on 06.08.2022, on being asked to pay the outstanding dues, defendant refused the same. That plaintiff also sent a legal notice dated 16.08.2022 calling upon the defendant to clear the outstanding dues, but to no avail. That plaintiff is left with no other legal and efficacious remedy than to file the present suit.
3. The defendant appeared along with his counsel on 31.05.2023. However, despite expiry of statutory period, he failed to file any Written Statement. Accordingly, defendant was proceeded ex-parte vide order dated 25.07.2023 and matter was fixed for ex-parte evidence. Digitally signed by PADMA PADMA LADOL LADOL Date:
2026.03.19 16:08:37 +0530 Civil Suit No: 257/23 M/s Saraogi Super Sales Pvt Ltd (Ms. Padma Ladol) v. CJ-03/SHD/KKD/Delhi Sandeep Kumar 3 Saraogi Super Sales Pvt. Ltd Vs. Sandeep Kumar
4. However, matter got settled out of court for a sum of Rs.2,50,000/- to be paid in 15 installments and both the parties gave their statements to this effect in court on 22.09.2023. Despite that, defendant failed to make any payment and they also stopped appearing. Therefore, the matter was again listed for ex parte PE.
5. To prove its case Authorized Representative (AR) of plaintiff namely Dharmender examined himself in to the witness box as PW1 by tendering his affidavit Ex. PW1/A and also tendered the following documents:-
1. Copy of ledger account : Ex. PW1/1.
2. Copy of invoices, e-way bills and builty : Ex. PW1/2(colly).
3. Copy of legal notice dated 16.08.2022 : Ex.PW1/3.
4. GST Details of defendant which : Ex. PW1/4.
5. Copy of Board Resolution dated 06.05.2022 :Ex.PW1/5 (OSR)
6. Certificate of Section 65-B of IEA : Ex. PW1/6.
Ex parte plaintiff evidence was closed on 29.01.2025.
6. Arguments advanced by counsel for plaintiff have been heard. File has been carefully and minutely perused.
7. In the present case, the defendant has failed to file any written statement and has also chosen to remain absent since 22.09.2023. Since, the defendant has chosen not to contest and challenge the suit of the plaintiff, the evidence led by the plaintiff has remained unchallenged, uncontroverted and unrebutted, however, at Digitally signed PADMA by PADMA LADOL LADOL Date:
2026.03.19 16:08:41 +0530 Civil Suit No: 257/23 M/s Saraogi Super Sales Pvt Ltd (Ms. Padma Ladol) v. CJ-03/SHD/KKD/Delhi Sandeep Kumar 4 Saraogi Super Sales Pvt. Ltd Vs. Sandeep Kumar the same time, court has to scrutinize the case of plaintiff on the basis of the evidence led.
8. It is noted that the plaintiff has filed the invoices and the corresponding e- way bills and bilty [Ex.PW1/2 (colly)] showing the supply of goods to the defendant on different dates, as mentioned therein. Plaintiff has also placed on record ledger [Ex.PW1/1] according to which the outstanding balance is Rs.2,08,098/- as claimed by the plaintiff in its plaint. The legal notice dated 16.08.2022 along with postal receipt dated 18.08.2022 whereby the plaintiff has demanded the said outstanding amount is also on record. Plaintiff has further placed reliance on the GST registration certificate [Ex.PW1/4] of defendant, wherein defendant is mentioned as the proprietor of M/s New Ananya Dresses. The abovementioned documents on record are duly corroborated with the testimony of AR of plaintiff/PW1 and is further supported with a certificate under Section 65-B of IEA [Ex.PW1/6] filed by the plaintiff. Since the defendant has not come forward to cross examine the plaintiff to refute the above-mentioned documents of plaintiff and the averments contained in evidence by way of affidavit, there is no reason to doubt the authenticity of the said document and also raise a suspicion on the allegations made by the plaintiff on Oath. Further, as already noted, the defendant has already admitted the liability and entered into a settlement for Rs.2,50,000/- on 22.09.2023. However, he failed to make any payment. Accordingly, I am satisfied that plaintiff has duly proved its case to the standard of preponderance of probability that defendant is under liability to pay the amount of Rs.2,08,098/- to the plaintiff company.
Digitally signedPADMA by PADMA LADOL LADOL Date: 2026.03.19 16:08:46 +0530 Civil Suit No: 257/23 M/s Saraogi Super Sales Pvt Ltd (Ms. Padma Ladol) v. CJ-03/SHD/KKD/Delhi Sandeep Kumar 5 Saraogi Super Sales Pvt. Ltd Vs. Sandeep Kumar
9. It is to further observe that the date of last entry in ledger account statement Ex.PW1/1, is 15.01.2020 and suit has been filed on 07.03.2023, suit is well within the period of limitation of three years in the light of the judgment of Hon'ble Apex Court titled as In Re Cognizance for extension of Limitation 2020 (9) SCC 468.
10. Again, regarding the interest claimed @ 18 % p.a. it is to observe that as reflected from the invoices [Ex.PW1/2 (Colly)], it is clear that there was the agreed rate of interest of 18% if the payment is not made within 45 days. Being on the higher side, I am not inclined to grant said rate of interest and same is awarded @ 09% p.a. on the amount of Rs.2,08,098/- with effect from date of institution of suit till date of recovery of the amount.
11. Accordingly, suit of the plaintiff Company is hereby decreed with costs to the effect that defendant namely Sandeep Kumar Proprietor of M/s New Ananya Dresses, shall pay the amount of Rs.2,08,098/- along with simple interest on the said amount @ 09 % p.a. with effect from date of institution of suit till date of recovery of the amount, within 01 month from date of decree. Decree sheet be prepared accordingly. File be consigned to record room after due compliance.
This judgment contains 05 pages and all the pages have been checked and signed Digitally signed PADMA by PADMA by me. LADOL LADOL 2026.03.19 Date:
16:08:50 +0530 Pronounced in open court on:- (Padma Ladol) 19.03.2026 Civil Judge-03 Shahdara, KKD Courts, Delhi 19.03.2026 Civil Suit No: 257/23 M/s Saraogi Super Sales Pvt Ltd (Ms. Padma Ladol) v. CJ-03/SHD/KKD/Delhi Sandeep Kumar