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Delhi District Court

M/S Milhard Sales Pvt. Ltd vs M/S Xl Orthomed Pvt. Ltd on 26 February, 2011

   In the Court of Dr. Rakesh Kumar : Civil Judge of North 
          Delhi  District at Tis Hazari Courts,  Delhi
Suit No: 430/07
Unique ID No:  76223
In the matter of :­
M/s Milhard Sales Pvt. Ltd.
Having its registered office at:
4772, Hauz Kazi (Inside Ajmeri Gate)
Delhi­110006
Through its Authorized Representative.
                                                     ......Plaintiff.
            V E R S U S
M/s XL Orthomed Pvt. Ltd.
Through its Director/ Principal Officer
E­25, B­1, Extension, Mohan Coop. Ind Estate,
Mathura Road,
Delhi.
                                                  .....Defendant

Date of institution  : 06.08.2007
Reserved for Judgment: 26.02.2011
Date of decision     : 26.02.2011

                                 SUIT FOR RECOVERY 

J U D G M E N T (EX­PARTE)

1. This is a suit for recovery of Rs.53,332/­ (Rupees Fifty Three Thousand Three Hundred Thirty Two Only) along with interest and costs.

2 Facts are that the plaintiff is a Private Limited Company registered under the Indian Companies Act and having its registered office at 4472, Hauz Qazi, Delhi­110006 and deals in manufacturing and trading tools and equipments and also deals in import and exports through code no. 0591047977 and having specialization in Page 1 of 4 Suit No: 430/07 Engineering Precision, measuring instruments, metal working tools and workshop equipments; that Dhan Raj Girdhan is the AR of the the plaintiff's company and authorized to sign and verify the case against the defendant; that defendant company were having business terms with the plaintiff; that the defendant company used to place order for supply of various equipments on the plaintiff company; that the defendant used to purchase the goods on credit basis as well as on cash basis and sometime used to make the part payment against bill so issued by the plaintiff; that the plaintiff maintain a current, running and opening account of all the purchases made by the defendant, payment made and balance amount; that the defendant lastly purchased the goods on 02.12.2006 vide R.B. no. 199926­27 amounting Rs. 3976/­ and issued a cheque bearing no. 261490 and 261303 in the account of the plaintiff, thereby leaving a total outstanding amount of Rs. 53.332.09/­ against the defendant for the financial year ending 31.03.2007, as per the the statement of accounts of the plaintiff; that the plaintiff further used to maintain the account of which it is the registered distributor and the goods so purchased by the defendant from the plaintiff and on account of which the plaintiff gets commission from the said companies; that as per the statement of account maintained by the plaintiff company in its ordinary course of business, the defendant is still liable to pay a sum of Rs. 53,332.09/­ towards outstanding amount; that the plaintiff Page 2 of 4 Suit No: 430/07 requested the defendant to made to outstanding amount telephonically and through letters dated 09.11.2006, 04.03.2006 and 21.12.2005; that the defendant postponing the matter on one pretext or other; that instead of making payment defendant stopped dealing with the plaintiff; that the defendant is liable to pay interest on the due amount @ 24 % p.a. from its due date; that plaintiff sent a legal notice dated 24.02.2007 upon the defendant and despite service of the notice the defendant failed to comply with the said notice an did not make the payment of the outstanding amount and gave a cause of action to the plaintiff to file the present suit.

3. Despite service the defendant did not appear in the court and proceeded ex parte on 05.08.2010 and plaintiff was directed to bring ex parte evidence by way of affidavit.

4. The plaintiff examined one witness. PW1 Sh. Dhan Raj Giridhar. During the evidence, the plaintiff produced the documents to Ex.PW1/1 to Ex.PW1/4.

5. I have heard the counsel for the plaintiff and perused the material available on record.

6. Ex.PW1/1 is the resolution dated 23.10.2006 in favour of PW1. Ex.PW1/2 is the copy of statement of account for the period 01.04.2004 to 31.03.2007. Ex.PW1/3 (Colly) is the copies of reminders/ letter dated 09.11.2006, 04.03.2006 and 21.12.2005 sent by the plaintiff to the defendant. Ex.PW1/4 is the copy of legal notice with courier receipt, UPC sent to the defendant. The plaintiff has proved on Page 3 of 4 Suit No: 430/07 oath its allegations against the defendant and the evidence produced by the plaintiff bank goes on unchallenged and un­rebutted.

7. The plaintiff has claimed recovery on the basis of running account for the period of last three years of institution of suit which is, thus, within limitation.

RELIEF

8. In view afore­stated discussion, the suit of the plaintiff is decreed for a sum of Rs.53.332/­ (Rupees Fifty Three Thousand Three Hundred Thirty Two Only) in favour of the plaintiff and against the defendant. The defendant shall also pay interest on the said sum at the rate of 8% per annum from the date of institution of suit till the realization of decretal amount. Costs of the suit is also awarded in favour of plaintiff. Decree sheet be prepared accordingly.

Announced in the Open Court (Dr. RAKESH KUMAR) On 26.02.2011 Civil Judge : North District Tis Hazari Courts: Delhi.