Sanjeev Kumar Gupta vs M/S Mirah Dekor Ltd.
2012 Latest Caselaw 2842 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI


+      CS(OS) 1719/2010


       SANJEEV KUMAR GUPTA                 ..... Plaintiff
                    Through; Mr.S.K.Kalia with Mr.K.K.Bhalla, Adv.

                      versus


       M/S MIRAH DEKOR LTD                            ..... Defendant
                    Through


       CORAM:
       HON'BLE MR. JUSTICE KAILASH GAMBHIR


                      ORDER

% 30.04.2012

1. The plaintiff has filed the present suit for recovery of Rs.38,69,061/-

alongwith pendentlite and future interest @ 18% per annum from the date

of filing of suit till realization against the defendant company. The

defendant did not appear to contest the present suit despite service of

summons. Accordingly, vide order dated 24.1.2012 defendant was

proceeded exparte and its right to file written statement was closed by this

court. Ex-parte evidence was led by the plaintiff by way of affidavit of

plaintiff himself. Based on the ex-parte evidence led by the plaintiff and on

the uncontroverted averments made in the plaint, the plaintiff has claimed

grant of decree for a sum of Rs.38,69,061/- alongwith pendenlite and future

interest @18%per annum.

2. The case set up by the plaintiff in the plaint is that M/s Suraj

CS(OS) No.1719/2010 P a g e | 1 of 4 Industries is a proprietorship concern and Shri Sanjeev Kumar Gupta is its

sole proprietor and is competent to sign, verify and institute the present

suit. The defendant is a limited company and from time to time defendant

placed various orders for the supply of super enamelled copper wire at the

Delhi office of the plaintiff and a regular account was being maintained by

the plaintiff which reflects various debit and credit entries regarding the

amounts raised by the plaintiff through various bills and the amounts paid

by the defendant against such bills. As per the plaintiff, from the day of

commencement of the dealings between them, the defendant has purchased

super enamelled copper wire worth Rs.1,89,91,782/-.Against the amount of

the respective bills raised by the plaintiff, the defendant had paid a total

sum of Rs.1,64,91784/-, thus leaving balance of Rs.24,99,998/-. Last

payment of Rs.15 lacs was made by the defendant on 20.8.2007. It is also

the case of the plaintiff that defendant had been acknowledging its liability

from time to time through confirmation letters and last such confirmation

letter dated 1.10.2009 was issued by the defendant wherein it had admitted

its liability to pay outstanding amount of Rs.24,99,998/- standing due as on

1.4.2009. Prior to that also, the defendant had confirmed previous balances

through confirmation statements for the year 2006-07 and 2007-08.

Defendant had also issued Form C relating to Sales Tax confirming all

supplies made by the plaintiff and against the same Form E was also issued

by the plaintiff. As per the plaintiff, all the goods were supplied through

transport against goods receipt. The plaintiff has also claimed interest

CS(OS) No.1719/2010 P a g e | 2 of 4 @18% per annum on the aforesaid outstanding amount of Rs.24,99,998/-,

which rate of interest is on the agreement and also on account of market

usage and custom of the trade. The plaintiff has thus claimed an amount of

Rs.24,99,998/- on account of balance price of the goods and an amount of

Rs.13,69,063/- on account of interest calculated by the plaintiff on the said

overdue amount @18% per annum. The plaintiff has also claimed that the

said outstanding amount was not paid by the defendant despite repeated

requests and demands and service of legal notice dated 5.7.2010 sent by

the Advocate of the plaintiff through e-mail.

3. The said facts as pleaded by the plaintiff in the plaint and the

documents placed on record by the plaintiff were proved by the plaintiff as

Sole proprietor of his firm M/s Suraj Industries. PW1 Shri Sanjeev Kumar

Gupta proved on record statement of account which contains various debit

entries of the amount of various bills and the payments made by the

defendant as Ex.PW1/1; copies of the bills as were raised by the plaintiff

against all supplies as Ex.PW1/2 to PW1/28; letter of confirmation dated

1.10.2009 as Ex.PW1/29; confirmation statements for the year 1.4.06 to

31.3.2007 and 1.4.2007 to 31.3.2008 as PW1/30 (colly); document of

proprietorship as Ex.PW1/31; copy of goods receipt as Ex.PW1/32(Colly);

declaration of sales tax Form C as Ex.PW1/33(colly); Form E-1 issued by the

defendant as Ex.PW1/34(colly); Letter of Credit as Ex.PW1/35(Colly) and

lastly the copy of the legal notice as Ex.PW1/36.

4. The said testimony of the plaintiff Shri Sanjeev Kumar Gupta

CS(OS) No.1719/2010 P a g e | 3 of 4 remained unchallenged and unrebutted. In the absence of any challenge

made by the defendant to the averments made by the plaintiff in plaint and

to the testimony of the plaintiff, there is no reason to disbelieve the case as

set up by the plaintiff. The suit of the plaintiff is thus accordingly decreed

for a sum of Rs.38,69,061/- alongwith pendentile and future interest @12%

per annum till final realization.

5. Decree-sheet be drawn accordingly.

                                                    KAILASH GAMBHIR, J
APRIL       30, 2012
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CS(OS) No.1719/2010                                                P a g e | 4 of 4