Delhi District Court
I.P. Engineering Contract Co. Pvt Ltd vs M/S S.S. Enterprises on 23 October, 2008
IN THE COURT OF SH. M.K.GUPTA, ADJ,
TIS HAZARI COURTS,
DELHI.
Suit No. 99/06
I.P. ENGINEERING CONTRACT CO. PVT LTD
HAVING ITS REGISTERED OFFICE AT
F-28, HAUZ KHAS ENCLAVE,
NEW DELHI. ....Plaintiff
VERSUS
M/S S.S. ENTERPRISES
D-45, SECTOR 30
NOIDA UP
REPRESENTED BY ITS
MANAGING PROPRIETOR .....Defendant
DATE OF INSTITUTION :- 02.05.2006
DATE OF DECISION :- 23.10.2008
JUDGMENT
1. By this judgment I shall decide the suit filed by the plaintiff against the defendant for recovery thereby alleging that the plaintiff company has been in the business of manufacture and sale of fabrics and the plaintiff company has various establishments and also has a factory at Gurgaon where the fabric is manufactured.
2. The plaintiff further alleged that the defendant approached the plaintiff company in the month of September 2001, for the purchase of fabric and the plaintiff agreed for the same and since then the plaintiff has been regularly supplying the fabric to the defendant against duly raised bills and invoices and the defendant has been making payments on account against the said purchases.
3. The plaintiff further alleged that at the relevant point of time one Mr. G. D. Sharma, whose services had been availed by the plaintiff as consultant has also been dealing in the operation part of the plaintiff company.
4. The plaintiff further alleged that on 31.3.2004 while the accounts of the plaintiff company were being audited it was revealed that as on that date, a sum of Rs. 7,29,980.00 was outstanding to be paid by the defendant to the plaintiff against the purchases of the fabric by the defendant from the plaintiff company since 27.12.2002.
5. The plaintiff further alleged that the plaintiff contacted the defendant who stated that the accounts were to be reconciled by the both the parties and the plaintiff agreed for the same and the officials of the plaintiff handed over the detailed statement of accounts relating to the entire transaction of the plaintiff with the defendant including the details of the receipts of payments till date and the outstanding dues to be paid by the defendant .
6. The plaintiff further alleged that the defendant approached Mr. Sethi , the proprietor of the plaintiff on 24.6.2004 and requested for grant of some more time to make the payment of dues and to show his bonafides of settling the dues, he tendered Rs. 10,000/- as part payment of outstanding dues. But thereafter defendant failed to make the payment of the outstanding dues nor came forward for any proposal of one time settlement. Hence in the present suit the plaintiff has claimed an amount of Rs. 7,29,980/- along with interest @ 18% p.a. from the defendant .
7. The summons were issued against the defendant for appearance on 06.07.2006 then again for 29.8.2006 and then again for 14.7.2006 but the summons issued by ordinary process as well as by way of regd. a/d post could not be served and received back with one report or another and thereafter the defendant was directed to be served by way of publication in the newspaper ''The Statesman''
8. The record further shows that the defendant was served by way of publication in the newspaper ''The Statesman'' dated 5.12.2006 for appearance on 9.1.2007 but none appeared on behalf of defendant on the said date and thereafter and hence the defendant was proceeded exparte vide order dated 9.1.2007.
9. After the defendant was proceeded ex-parte, case was fixed for evidence of the plaintiff and the plaintiff in order to prove the case tendered the affidavit dated 27.1.2007 and additional affidavit dated 24.5.2008 of Col. ( Retd. ) Sh. S.S. Rana, the authorized representative of the plaintiff company in evidence and his oral statement was recorded as PW1.
10. The plaintiff company also tendered in evidence the affidavit of Mrs. Radha Oberoi ( PW2 ) who is the director of plaintiff company and she proved her affidavit as Ex. PW 2/A.
11. PW1 Col. ( Retd. ) Sh. S.S. Rana in his deposition before the court proved his affidavits as Ex. PW1/A and PW 1/B respectively and also proved various documents in support of the case of the plaintiff.
12. Copy of resolution dated 8.4.2006 passed by board of directors in their meeting in favour of Sh. Sanjay Mehrotra who has signed, verified and instituted the suit is proved as Ex. PW 1/1. the office copies of the bills/invoices are proved as Ex. PW 1/2 (1-38). Copy of statement of account relating to the sale of the fabrics to the defendant and the receipts of payments by the defendant on account are proved as Ex. PW 1/3.
13. Copy of letter of termination of Sh. G. D. Sharma, thereby removing him from the services of the plaintiff on the ground of misappropriation and falsification of records in June 2004 is proved as Ex. PW 1/4,
14. Copy of legal notice dated 18.3.2005 sent to the defendant calling upon the defendant to pay the amount and receipts are proved as Ex. PW 1/ 5 ( 1 to 4 ).
15. Counsel for plaintiff argued vehemently that the case of the plaintiff stands proved against defendant in view of unrebutted and unchallenged testimony of both the Pws of the plaintiff which have remained consistent throughout and I do not find any infirmity therein and no reason to disbelieve the same in view of various documents proved on record by the witnesses of the plaintiff.
16. In the light of above discussion, case of the plaintiff stands proved against the defendant. I accordingly decree the suit of the plaintiff and a decree of recovery of Rs.7,19,980/- along with proportionate costs of the suit is passed in favour of the plaintiff and against the defendant.
The plaintiff is also entitled to recover pendente lite and future interest @ 12 % p.a. till realization of the decreetal amount. After preparation of decree sheet, file be consigned to record room.
Announced in the open court today i.e 23.10.2008 (M.K.GUPTA) ADDL. DISTRICT JUDGE DELHI SUIT NO 99/06 23.10.2008 Present :- Counsel for plaintiff .
None for the defendant who is already ex-parte. Vide separate judgment suit of the plaintiff is decreed. After preparation of decree sheet, file be consigned to record room.
ADJ/DE LHI 23.10.20 08