Delhi District Court
M/S. Ozone Overseas Private Ltd vs M/S. Consolidated Engg on 7 February, 2014
IN THE COURT OF MS. RACHNA TIWARI LAKHANPAL
SCJ/RC(WEST), TIS HAZARI COURTS, DELHI
Unique ID No.02401C0607212013
Suit No.-01/2013
M/s. Ozone Overseas Private Ltd.
Through its Director/Authorized Representative
Shri Amit Sehgal
Registered office at :
H-40, Bali Nagar,
New Delhi-110015. ....Plaintiff
Versus
M/s. Consolidated Engg.
Through its Proprietor
Mr. Arjun Shyam Lal
K-Block, Chaudhary Building
Connaught Circus,
New Delhi-110001. ....Defendant
Date of institution of the suit : 02.01.2013
Date of reserving Judgment : 01.02.2014
Date of pronouncement : 07.02.2014
EX-PARTE JUDGMENT
1.Vide this ex-parte judgment I shall dispose off the suit for recovery of Rs.53,083.59/- filed by the plaintiff against the defendant.
2. Essential facts necessary for disposal of the present suit as per the plaint are as that the plaintiff was earlier a limited company which has now been converted into a Private Limited Company w.e.f. 14.11.2011. The plaintiff is engaged in the manufacturing and sale of glassage, door controls and fabrication of steel products etc. She Amit Sehgal is the director/authorized representative of the plaintiff company. The defendant is a proprietorship firm and Mr. Arjun Shyam Lal is the proprietor of the defendant firm. The Suit No. 01/2013 Page..... 1/3 defendant was regularly placing the orders for goods with the plaintiff company and the same were duly supplied through various invoices. As per the statement of accounts, no payments were made and credit note issued for goods returned were also duly reflected in the statement of account. As per the plaintiff, on 14.03.2012, an amount of Rs.2,25,277.82 paise was due towards the defendants. The present case has been filed on the basis of only two invoices. The plaintiff sent a legal notice dated 31.05.2012 to the defendant through speed post/AD which was duly served. By way of the present suit, the plaintiff is only claiming a sum of Rs.44,986/- from the defendant out of total outstanding of Rs.2,25,277.82 paise and remaining claim of Rs.1,80,291.73 paise is being claimed separately through arbitration proceedings. A sum of Rs.8,097.50 paise also being claimed being the interest on the principal amount of Rs.44,986.09 paise @ 24% per annum from 14.03.2012 to 14.12.2012, thus totalling a sum of Rs.53,083.59 paise due from the defendant. The defendant has not made the payment, hence the present suit has been filed.
3. Notice of the suit was sent to the defendant. The defendant was served.
None appeared on behalf of the defendant. The defendant was proceeded ex- parte.
4. In ex-parte evidence, the plaintiff produced Shri Amit Sehgal S/o Shri C. L. Sehgal as PW-1 who filed affidavit on the lines of the plaint. This witness proved on record the true copy of the Incorporation Certificate as Ex.PW-1/1, the copy of resolution as Ex.PW-1/2, the statement of account as Ex.PW-1/3, unpaid invoices along the gate passes as Ex.PW-1/4 to Ex.PW-1/7, Suit No. 01/2013 Page..... 2/3 the copy of legal notice with postal receipt and acknowledged AD as Ex.PW-1/8 to Ex.PW-1/10. Plaintiff also produced Shri Kundan Singh S/o Shri U. S. Bisht as PW-2. This witness proved on record the true copy of Incorporation Certificate as Ex.PW-2/1(OSR).
5. From the documents placed on record it is proved that the plaintiff had supplied the goods to the defendant and the defendant did not make the payment of two invoices. Further, there is no reason to dis-believe the unchallenged and uncross-examined testimony of the PW-1 and PW--2. Thus, the suit of the plaintiff is decreed and a decree for a sum of Rs.53,083.59 is passed in favour of the plaintiff and against the defendant. The plaintiff is also entitled to interest @ 10 % per annum from the date of the filing of the suit till the date of order. The plaintiff is further entitled to interest @ 6% per annum from the date of order till realization along with costs of the suit. Decree sheet be prepared accordingly.
File be consigned to Record Room after necessary compliance.
Announced in the open court (RACHNA TIWARI LAKHANPAL) on 07.02.2014 SCJ/RC(WEST)/ DELHI Suit No. 01/2013 Page..... 3/3