Delhi District Court
Pearl Polymers Ltd vs Brawn Healthcare India Pvt. Ltd on 28 July, 2022
IN THE COURT OF MS. SHRIYA AGRAWAL
JSCC, ASCJ, GJ, SOUTH EAST DISTRICT,
SAKET COURTS, NEW DELHI
CS SCJ 1236/2021
CNR No. : DLSE03-001967-2021
PEARL POLYMERS LTD.
A-97/2, OKHLA INDUSTRIAL AREA,
PHASE-II, NEW DELHI-110020
THROUGH AUTHORIZED REPRESENTATIVE
SH. BRAHM PRAKASH BHARDWAJ ........ Plaintiff
Versus
BRAWN HEALTHCARE INDIA PVT. LTD.
32, FOREST GATE MACHOHALLI,
DASANPURA HOBLI,
BENGALURU-560091 .......Defendant
SUIT FOR RECOVERY FOR A SUM OF RS.96,388/- ALONGWITH
PENDENTE-LITE AND FUTURE INTEREST FROM THE
DEFENDANT
Date of Institution of the case : 12.10.2021
Date of reserving judgment : 27.07.2022
Date of pronouncement of judgment : 28.07.2022
JUDGMENT
1. The present suit has been filed by Plaintiff against Defendant for recovery of Rs. 96,388/- with interest as dues towards goods supplied.
2. Briefly, the Plaintiff is manufacturers of packaging and house- ware products such as PET Jars, bottles and containers under the brand name "Pearl Pet" since the year 1984. The Plaintiff company claims to be receiving purchase orders from all over India, at their Delhi office. The CS SCJ 1236/2021 PEARL POLYMERS LTD. VS. BRAWN HEALTHCARE INDIA PVT. LTD. Page No.1 of 3 Defendant on the other hand is a company, engaged in manufacturing and production of healthcare products, which are packed in different size of Plastic Jars/ Bottles etc. for supply to the end customers.
3. It is averred that the Defendant Company placed various Purchase Orders for supply of various kinds of Jars/ Bottles with Caps with the Plaintiff. The Purchase Orders placed by the Defendant were duly accepted by the Plaintiff. Upon Delivery of the goods invoices were raised by the Plaintiff, for which part payments were made. A running and continuous account is maintained by the Plaintiff to reflect payments received and due.
4. The Plaintiff supplied jars/bottles to the Defendant in June 2020 and subsequently raised bill nos. JIGSI/20-21/133 dated 03.06.2020 for Rs. 24,019/- and JIGSI/20-21/158 dated 09.06.2020 for Rs. 1,00,386/- upon the Defendant. However, after the aforesaid supply, the Defendant never made any payment. Upon adjusting all payments made by Defendants, a sum of Rs. 96,388/- remained pending and due as on 13.08.2020. Despite repeated follow-ups and reminders the Defendant failed to make payment of aforesaid amount.
5. A Legal Notice dated 19.08.2020 was served upon the Defendant seeking payment of Rs. 96,388/-, but to no avail.
6. Summons were directed to be issued vide Order dated 17.11.2021. Despite service of the summons upon the Defendant and grant of opportunity to file the Written Statement in the matter, the Defendant neither appeared nor filed his pleadings. Accordingly vide Order dated 07.03.2022, the proceedings were set ex-parte against the Defendant.
CS SCJ 1236/2021 PEARL POLYMERS LTD. VS. BRAWN HEALTHCARE INDIA PVT. LTD. Page No.2 of 3
7. The Plaintiff led ex-parte evidence on 23.04.2022 on the strength of his affidavit Ex.PW1/A, relying upon the Board Resolution dated 12.02.2021 (Ex.PW1/1), Certified copies of bill dated 03.06.2020 and 09.06.2020 (Ex. PW1/2 and 3), General Ledger Account of Defendant (Ex. PW1/4), Legal Notice dated 19.08.2020 alongwith emails dated (Ex. PW1/5), Certificate under Section 65 (B) of Evidence Act in support of electronic record (Ex. PW 1/6).
8. Ex-parte final arguments were heard. Record has been perused carefully.
9. The Plaintiff in support of its case qua dues remaining outstanding from the Defendant has, inter-alia, placed reliance upon invoices and account statement. The Defendant despite grant of opportunity has failed to appear to contest and dislodge the claim of the Plaintiff. The case of the Plaintiff has gone unrebutted and uncontroverted. Accordingly, the Plaintiff for the discussed reasons, is hereby held entitled to recovery of Rs.96,388/- along with interest at the rate of 8 % p.a. from the date of the filing of the suit till realization of the decretal amount, the rate prayed for being exorbitant.
10. Decree sheet be prepared. File be consigned to Record Room as per Rules.
(Announced in the open court on 28th July, 2022) (Shriya Agrawal) JSCC cum ASCJ cum GJ South East District/Saket Courts 28.07.2022 CS SCJ 1236/2021 PEARL POLYMERS LTD. VS. BRAWN HEALTHCARE INDIA PVT. LTD. Page No.3 of 3