Delhi District Court
M/S Ipl Biological Limited vs M/S Arman Krishi Seva Kendra on 6 April, 2023
IN THE COURT OF MR. SATYABRATA PANDA, ADJ-04,
PATIALA HOUSE COURTS, NEW DELHI
CS No. 7 of 2021
Date of Institution : 06.01.2021
Final arguments heard : 04.03.2023
Date of Judgment : 06.04.2023
M/S Ipl Biological Limited
E-34, 2nd Floor, Cannaught Circus,
New Delhi-110001 .....Plaintiff
Vs.
1. M/S Arman Krishi Seva Kendra
Through Its Proprietor
Mr. Santosh Kumar Sahu, S/o Sh. Baldev Sahu
Amora Road, Bhathari, Takhatpur, Tehsil, Mungeli
Bilaspur, Chhatisgarh-495330
2. Mr. Santosh Kumar Sahu
S/o Sh. Baldev Sahu, Proprietor of M/s Arman Krishi Kendra
Amora Road, Bhathari, Takhatpur, Tehsil, Mungeli
Bilaspur, Chhatisgarh-495330 .....Defendants
JUDGMENT
1. The plaintiff has filed the present summary suit under Order XXXVII CPC for recovery of recovery of Rs. 3,55,982/- along- with pendente-lite and future interest.
CS No. 7 of 2021IPL BIOLOGICALS LIMITED Vs. ARMAN KRISHI KENDRA Page No. 1 of 4
2. The case of the plaintiff as pleaded in the plaint is as follows. It is stated in the plaint that the plaintiff is a company duly incorpo- rated under the provisions of the Indian Companies Act, 1956 and was earlier known as International Panacea Ltd. A dealership agreement was entered into between International Panacea Ltd. and the defendant. Subsequently, the plaintiff company has changed its name from International Panacea Ltd. to IPL Biologi- cal Limited. The plaintiff has filed the present suit on the basis of agreement dated 07.10.2018 signed between the plaintiff com- pany and the defendants, and the invoices issued to the defen- dants towards their admitted liability, which documents have been filed along with the plaint. It is stated in the plaint that upon execution of the said agreement dated 07.10.2018 the defendant placed various orders and accordingly invoices bearing no. CGR/1819/100144 dated 04.01.2019, CGR/1819/100149 dated 25.01.2019, CGR/1819/100152 dated 25.01.2019, CGR/1819/100168 dated 29.03.2019 and CGR/1819/100169 dated 29.03.2019 were issued by the plaintiff company towards goods sold to the defendants. The defendant no.2 Mr. Santosh Kumar Sahu was the sole person who controlled the affairs of the defendant no.1 M/s Arman Krishi Kendra and thus was liable and responsible for all the acts and omissions. As per the books of ac- counts being maintained by the plaintiff company in the routine course of business, the defendant firm was liable to pay a sum of Rs. 2,73,832/- being the principal amount to the plaintiff com- pany against the above-said invoices. Since the payment was not made, the plaintiff company was left with no other option but to seek legal redressal against the defendants in accordance with CS No. 7 of 2021 IPL BIOLOGICALS LIMITED Vs. ARMAN KRISHI KENDRA Page No. 2 of 4 law, hence a legal demand notice dated 10.10.2020 was sent by the plaintiff company through its counsel to the defendants on 15.10.2020 demanding the payment of the outstanding amount. The said legal/demand notice was duly served upon the defen- dants on 22.10.2020. Despite legal notice dated 10.10.2020, the defendants did not make the payment. It is stated in the plaint that as on date of filing of the suit a sum of Rs.3,55,982/- along- with future and pendente-lite interest @ 18% per annum till real- ization was due and payable by the defendants to the plaintiff as per following details: Principal amount - Rs.2,73,832/-, Interest till filing of suit- Rs.82,150/-, and Future & pendent-lite interest @18% payable.
3. The summons for appearance under Order XXXVII CPC were is- sued to the defendants vide order dated 07.12.2021. Fresh sum- mons for appearance were issued upon the defendant vide order dated 27.09.2022. As per the process server's report from the Ld. District Court, Mungeli, Chhattisgarh, the summons were served upon the defendants on 24.01.2023. However, no appearance has been entered on behalf of the defendants.
4. Ld. Counsel for the plaintiff has submitted that as no appearance has been entered by the defendants, the plaintiff would be straight away entitled to decree in terms of Order XXXVII CPC.
5. I have heard the ld. counsel for the plaintiff and I have perused the record. In as much as there has been no appearance entered on behalf of the defendants, under Order XXXVII (2)(3) CPC it CS No. 7 of 2021 IPL BIOLOGICALS LIMITED Vs. ARMAN KRISHI KENDRA Page No. 3 of 4 would be deemed that the allegations contained in the plaint are deemed to be admitted and the plaintiff would be entitled to de- cree. Accordingly, it is held that the plaintiff would be entitled to decree against the defendants for the principal of sum of Rs. 2,73,832/-. I also find it reasonable to grant to the plaintiff pen- dente-lite and future interest @ 9% p.a. on the principal sum from the date of filing of the suit till actual realization.
6. Accordingly, decree is passed in favour of the plaintiff and against the defendants for sum of Rs. 2,73,832/- along with pen- dente-lite and future interest @ 9% p.a. from the date of filing of the suit till actual realization. Costs of the suit are decreed in favour of the plaintiff. The pleader's fees is computed as Rs. 10,000/-. Let the decree-sheet be drawn up accordingly.
Judgment pronounced in open Court.
File be consigned to record room.
(SATYABRATA PANDA) Additional District Judge-04 Judge Code- DL01057 PHC/New Delhi/06.04.2023 CS No. 7 of 2021 IPL BIOLOGICALS LIMITED Vs. ARMAN KRISHI KENDRA Page No. 4 of 4