Delhi District Court
Svb Bearings Pvt. Ltd. vs . S. D. Engineerstech Pvt. Ltd. Etc. on 25 July, 2018
SVB Bearings Pvt. Ltd. vs. S. D. Engineerstech Pvt. Ltd. Etc.
IN THE COURT OF MS. ANU AGGARWAL, ASCJJSCCGJ
(SHAHDARA), KARKARDOOMA COURTS, DELHI
Suit No.: 11063/16
IN THE MATTER OF:
SVB Bearings Pvt. Ltd.
Through Its Director
Sh. Vijay Gupta
Registered Office at
G8, Vardhman Market,
Ram Vihar,
Delhi110032.
......Plaintiff
VERSUS
1. S. D. Engineerstech Pvt. Ltd.
Through Its Directors
Office At :
Plot no.121122, PartB,
Sector59, PhaseII
Ballabgarh121004,
Faridabad, Haryana
Also at :
Plot no.177, Sector24
Faridabad121004
Haryana
2. Sh. Shiv Pujan Singh
S/o Sh. Lolarakh Singh
Director of
S.D. Engineerstech Pvt. Ltd.
R/o House no.110, Sector55
Faridabad121004,
Haryana.
3. Sh. Kusum Singh,
S/o Sh. Inderpal Singh
Director of
Suit No. 11063/16 Page No. 1/5
SVB Bearings Pvt. Ltd. vs. S. D. Engineerstech Pvt. Ltd. Etc.
S. D. Engineerstech Pvt. Ltd.
R/o House no.110, Sector55
Faridabad121004,
Haryana.
......Defendants
DATE OF INSTITUTION : 07.12.2016
DATE OF RESERVING THE ORDER : 22.05.2018
DATE OF DECISION : 25.07.2018
DECISION : Decreed
SUIT FOR RECOVERY OF Rs.2,85,000/ ALONG
WITH PENDENTELITE AND FUTURE INTEREST
WITH THE COSTS OF THE SUIT.
JUDGMENT
1. By this judgment, I shall dispose off suit filed by the plaintiff for recovery of Rs.2,85,000/(Two Lac Eighty Five Thousand Rupees only).
2. Facts necessary for disposal of present suit as per plaint are as follows: 2.1 The plaintiff is a Private Ltd. Company registered under the Companies Act, 1956, in the name and style of SVB Bearings Pvt. Ltd. and is engaged in the business of trading of all kinds of bushes (hereinafter referred to as "the Materials"). The defendant no.1 is a Ltd. Company registered under the provisions of the Companies Act, 1956. The defendant no.2 and 3 are the Directors of the defendant no.1 and are responsible for the conduct and managing the day to day business affairs of the defendant no.1.
2.2 The defendants had been purchasing the material i.e. BiMetal Bush etc. from the plaintiff from time to time since last many years and had been making the payment of the material so purchased by them from Suit No. 11063/16 Page No. 2/5 SVB Bearings Pvt. Ltd. vs. S. D. Engineerstech Pvt. Ltd. Etc. time to time. There is a running account of defendants with the plaintiff. The plaintiff had supplied the above said material to the defendants from Delhi through various invoices as the office of the defendants situated at Ballabgarh and Faidabad, Haryana. It is stated that there is a debit balance standing against the defendants in the account maintained by the plaintiff as Rs.1,53,550.42/ excluding interest on account of materials supplied to defendants by the plaintiff at Faridabad office and Rs.85,506.40/ excluding interest on account of materials supplied to the defendants by the plaintiff at the Ballabhgarh office. It is stated that the total outstanding amount as against defendants is Rs.2,39,056.82/.
2.3 The plaintiff had demanded the principle amount i.e. 2,39,056.82/ along with interest from time to time telephonically/orally as well as through Emails from the defendants. Defendants had avoided the same and did not pay the same. The plaintiff had sent a legal notice dt. 28.09.2016 to the defendant for claiming the payment of outstanding amount of Rs.2,39,056.82/. Despite service of legal notice, neither the defendants replied to the said notice nor paid the outstanding amount. Hence, present suit.
3. Summons were issued to the defendants and AR of defendants had appeared on 30.05.2017. Thereafter, none had appeared on behalf of defendants and they were proceeded exparte vide order dt. 19.01.2018.
4. The plaintiff examined Mr. Vijay Gupta, Director of plaintiff company as PW1. He tendered his affidavit of evidence by way of affidavit Ex. PW1/A and has relied upon the following documents :
1. Memorandum of association and registration certificate of the plaintiff company as Ex.PW1/1.
Suit No. 11063/16 Page No. 3/5SVB Bearings Pvt. Ltd. vs. S. D. Engineerstech Pvt. Ltd. Etc.
2. Resolution dt. 25.09.2016 as Ex. PW1/2.
3. Form32 of defendant company as MarkA.
4. Statement of accounts of Ballabgarh office of the defendant as Ex.PW1/3.
5. Invoices raised against the Ballabgarh office of the defendant along with courier receipts are Ex.PW1/4 to Ex.PW1/9 (colly). Invoices raised against the Ballabgarh office of defendant are Ex.PW1/10 to Ex.PW1/25.
6. Statement of accounts of the Faridabad office of the defendant as Ex.PW1/26.
7. Invoices raised against the Faridabad office of the defendant along with courier receipts as Ex.PW1/27 to Ex.PW1/30, colly (there is no document Ex.PW1/31 as mentioned in the affidavit).
8. Email along with statement of account sent with the Email exchange between the parties as Ex.PW1/32 (colly).
9. Office copy of legal notice dt. 28.09.2016 as Ex.PW1/33.
10. Postal receipts as Ex.PW1/34 to Ex.PW1/37.
11. Tracker reports as Ex.PW1/38 to Ex.PW1/41.
12. Certificate u/s 65B of Indian Evidence Act as Ex.PW1/42.
5. No other witness was examined by the plaintiff and exparte PE was closed vide order dt. 23.04.2018.
6. I have gone heard the arguments and have gone through the record.
7. PW1 has deposed that the defendants had purchased material i.e. BiMetal Bush etc. from time to time from plaintiff. The invoices were raised and there is total outstanding amount of Rs.2,39,056.82/ due against defendants. The plaintiff has placed on record the invoices Suit No. 11063/16 Page No. 4/5 SVB Bearings Pvt. Ltd. vs. S. D. Engineerstech Pvt. Ltd. Etc. Ex.PW1/4 to Ex.PW1/25 to show that there were regular transaction between plaintiff and defendants and plaintiff has supplied material to the defendants. Ex.PW1/3 reflects the outstanding amount of Rs.85,506/ and interest of Rs.7493/ on the Ballabgarh office of the defendant. Ex.PW1/31 reflects the balance amount of Rs.1,81,000/ inclusive of interest of Rs.27,449.60/ to be due as against defendants. The testimony of plaintiff along with the documents have gone unrebutted.
8. In view of the same, the plaintiff suit is decreed for a sum of Rs.2,85,000/ along with pendentelite and future interest @ 12 % per annum.
9. Decree sheet be prepared accordingly.
10. File be consigned to record room.
Digitally
Announced in open Court. signed by
Delhi Dated the 25.07.2018 ANU
ANU AGGARWAL
This Judgment contains 5 pages AGGARWAL Date:
and each paper is signed by me. 2018.07.26
15:08:50
(Typed under my direct dictation) +0530
(Anu Aggarwal)
ASCJJSCCGJ (SHAHDARA)
KKD Courts, Delhi
Suit No. 11063/16 Page No. 5/5