Delhi District Court
Mr. Shikhir Chawla vs Ms. Neeru on 10 February, 2016
CS No. 34/15 1 10.02.2016
IN THE COURT OF MS KIRAN GUPTA
SENIOR CIVIL JUDGECUMRENT CONTROLLER
NEW DELHI DISTRICT, PATIALA HOUSE COURTS
NEW DELHI
CS No.34/15
Unique ID 02403C00022642015
Mr. Shikhir Chawla
Proprietor of M/s. Prem Plastic
Having its Registered Office,
At K--88, Udyog Nagar, New Delhi 110041
......... Plaintiff
VERSUS
Ms. Neeru
Proprietor of M/s Metro Packaging
having its office at:
C127, Naraina Industrial Area
Phase1, Rex House, Ist Floor,
New Delhi 110028.
2. M/s Metro Packaging
Having its office at
C127, Naraina Industrial Area
PhaseI, Rex, House, Ist Floor
New Delhi 110028 .......... Defendants
M/s.Prem Plastics Vs. Ms. Neeru & Anr. Page no. 1 of 5
CS No. 34/15 2 10.02.2016
Date of Institution : 03.02.2015
Date of arguments : 03.02.2016
Date of Judgment : 10.02.2016
EXPARTE JUDGMENT
1 Present suit is for recovery of Rs. 2,92,104/.
2 The case of plaintiff is that it is a proprietorship firm
and engaged in business of sales and manufacturing of Printed Poly
Bags etc. Present suit has been filed through its proprietor Mr.
Shikhir Chawla. It is stated that defendant no. 1 is the proprietor of
defendant no. 2 firm. Defendant no.1 approached plaintiff in year
2012 at its registered office for purchase of Printed Plastic Poly Bags
and made various assertions, representations and assurances
regarding the business opportunity. In terms of specific
understanding arrived between the parties, as and when
defendants placed orders for supply of materials, same was duly
supplied by the plaintiff. Invoices were raised from time to time. It
is stated that defendants were under obligation to make payment
against the invoices, within/on the due date of the invoice, failing
which it was specifically agreed, as well as stipulated in the
M/s.Prem Plastics Vs. Ms. Neeru & Anr. Page no. 2 of 5
CS No. 34/15 3 10.02.2016
invoices, that the credit facility shall stand withdrawn and
defendants shall be liable to make payment immediately with a
further interest @ 24% p.a. on the outstanding amount after due
date as per mentioned in the invoice till actual payment.
2.2 It is stated that as per the books of account of
defendants maintained by plaintiff, there is outstanding balance of
Rs. 2,80,870/. It is stated that defendants are liable to pay the said
amount and also interest @ 24 % ie. Rs. 11234/ on the said amount
from the date of invoices till 31.08.2014, hence the total liability is
Rs. 2,92,104/.
2.3 Legal demand notice dt. 01.09.2014 was sent to the
defendants, however despite service defendants have not paid any
amount, hence the present suit. It is prayed that a decree for the
sum of Rs. 2,92,104/ alongwith pendentelite and future interest @
24% per annum along with the cost of the suit be passed in its
favour and against the defendants.
3 The suit was instituted on 03.02.2015. Defendants were
duly served by way of publication in the Newspaper "Veer Arjun"
M/s.Prem Plastics Vs. Ms. Neeru & Anr. Page no. 3 of 5
CS No. 34/15 4 10.02.2016
dated 12.12.22015. However, none appeared for and on behalf of
defendants despite service and they were proceeded exparte vide
order dt.18.12.2015.
4 In support of its case, plaintiff has examined himself
(proprietor) as PW 1. He has tendered his evidence by way of
affidavit Ex. PW1/A and has relied upon following documents:
1.Invoice bearing S. No. 78 dated 18.02.2014 is Ex. PW1/A.
2. Ledger account of plaintiff alongwith certificate under Section 65B of IE Act is Ex. PW1/B(colly).
3. Demand notice dated 01.09.2014 is Ex. PW1/C.
4. Acknowledgment/Tracking report are Ex. PW1/D1D2 (colly).
5 I have heard counsel for plaintiff and perused the complete record file.
6 From the testimony of PW1 and documents Ex. PW1/A M/s.Prem Plastics Vs. Ms. Neeru & Anr. Page no. 4 of 5 CS No. 34/15 5 10.02.2016
i.e. the copy of invoices and Ex. PW/B (colly) ledger account, it is evident that plaintiff had supplied goods to defendants. As per the statement of account Ex. PW 1/B, it is evident that the principal amount of Rs. 2,80,870/ and interest up till 31.08.2014 was due against the defendants on 31.08.2014. The total outstanding amount of Rs. 2,92,104/ is still due against the defendants as on 31.08.2014. The present suit is within the period of limitation. The case of plaintiff has remained unrebutted and PW 1 has categorically proved that the sum of Rs. 2,92,104/ is still outstanding against defendants. The present suit is decreed in favour of plaintiff and against defendants. Defendants are directed to pay Rs. 2,92,104/ to plaintiff alongwith interest @ 9% per annum (as per prevalent market rate) on the said amount from the date of filing of the suit i.e. 03.02.2015 till realization along with the cost of the suit.
Decree sheet be prepared accordingly.
File be consigned to record room.
Announced in the open ( KIRAN GUPTA ) court on 10.02.2016 SCJCUMRC:PHC:NEW DELHI M/s.Prem Plastics Vs. Ms. Neeru & Anr. Page no. 5 of 5