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Delhi District Court

M/S Sharp Metal Industries vs M/S Aman Insulators & Electricals on 1 February, 2023

   IN THE COURT OF MS SAVITA RAO, DISTRICT JUDGE
         COMMERCIAL COURT-04, SHAHDARA,
           KARKARDOOMA COURTS, DELHI

CNR No. DLSH01-007807-2021
CS (Comm) No. 346/2021

In the matter of :-

M/s Sharp Metal Industries
Having Registered Office at
Plot No.1/422, Gali no.6,
Friends Colony Industrial Area,
Delhi-110095.
                                        ............Plaintiff

Vs.

M/s Aman Insulators & Electricals
Havings registered office at :
Khasra No.418, Gali NO.15,
Village Saboli, Pratap Nagar,
Delhi-110093.

Through its proprietor
1.

Smt. Sunita Sharma W/o Aman Sharma R/o C-1/36, Flat No.F-2, DLF, Bhopura, Sahibabad, Gaziabad (U.P.)- 201005

2. Aman Sharma Authorised representative R/o C-1/36, Flat No.F-2, DLF, Bhopura, Sahibabad, Gaziabad (U.P.)- 201005 ......Defendants Date of institution of the case : 22.09.2021 Date of final arguments : 24.01.2023 Date of judgment : 01.02.2023 CS (Comm) No.346/2021 1 /4 EX-PARTE JUDGMENT

1. This is suit for recovery of Rupees 3,46,946/- (Rs. Three Lacs Forty Six Thousand Nine Hundred Forty Six only) filed by plaintiff against the defendant.

2. As stated, plaintiff is engaged in the business of metal wires. Defendant is proprietorship concern represented through its proprietor/owner. Defendant had been dealing with plaintiff from time to time in connection with several different transactions in due course of business. Plaintiff as per the orders placed supplied and delivered goods to defendant in Delhi. Plaintiff raised invoices against different transactions with defendant firm. Plaintiff maintained regular account of defendant. Defendant made last payment on 03.06.2020 for a sum of Rs.50,531/-. However, defendant failed to clear the outstanding liability and as per the books of account an amount of Rs.2,82,185/- (Rs. Two Lacs Eighty Two Thousand One Hundred Eighty Five only) was outstanding against the defendant as on 12.06.2020.

3. Thereafter, despite continuous follow ups and insistence by plaintiff, defendant did not make payment of the outstanding amount. Plaintiff sent a legal notice dated 14.07.2020 to defendant, which did not yield any result.

4. Plaintiff thereafter filed an application for Mediation before the competent authority under Rule 2 (1)(C) of the Commercial Courts Act, 2015. However, in the Pre-Institution Mediation proceedings, defendants did not participate and Non-Starter Report dated 15.04.2021 was issued by Shahdara District Services Authority. Hence, plaintiff was constrained to file the present suit.

5. Defendant was served on 21.11.2022. Defendant neither appeared nor filed any written statement within the prescribed period. Therefore defendant was proceeded ex-parte vide order dated 09.01.2023. Plaintiff filed affidavit of evidence and led ex-parte evidence.

6. Plaintiff, in support of its claim, has relied upon following documents :

1. Computer generated GST registration is Ex.PW1/1A (Colly)

2. Computer generated details of the firm of the plaintiff is Ex.PW1/1B

3. Computer generated duplicate copies of invoices is Ex.PW1/1C (Colly)

4. Statement of account is Ex.PW1/1D.

5. Legal Notice dated 14.07.2020 is Ex.PW1/1E.

6. Copy of Postal receipts are Mark A

7. Copy of Tracking report is Mark B.

8. Non starter report dated 15.04.2021 is Ex.PW1/1F.

7. In terms of books of account of defendant maintained by plaintiff, a sum of Rs.2,82,185/- (Rs. Two Lacs Eighty Two Thousand One Hundred Eighty Five only) is outstanding against the defendant as on 12.06.2020. Invoices brought on record corroborate the business transactions between the parties. The averments made in the plaint (which is supported with the affidavit and statement of truth) remained uncontroverted, unrebutted and unchallenged for the failure of defendant to contest the matter. I do not find any reason to disbelieve the version of the plaintiff and the averments made in the plaint and affidavit of evidence supported by the documents on record.

8. Instant suit is accordingly decreed with cost in favour of the plaintiff and against the defendant for an amount of Rs.2,82,185/- (Rs. Two Lacs Eighty Two Thousand One Hundred Eighty Five only) alongwith interest at the rate of 12% per annum w.e.f. 12.06.2020 till realisation.

9. Decree sheet be prepared accordingly. After completion of Digitally signed formalities, file be consigned to record room. by SAVITA RAO SAVITA Date:

                                                 RAO    2023.02.01
                                                        15:40:39
                                                           +0530

Announced in the open                (SAVITA RAO)
court on this 1st day               DISTRICT JUDGE
of Feb. 2023                    (COMMERCIAL COURT)-04
                                 SHAHDARA, KKD COURTS,
                                        DELHI




CS (Comm) No.346/2021                                      4 /4