Delhi High Court
Aarti Industries & Anr vs M/S Authentic Exports And Imports ... on 15 October, 2012
Author: V. K. Jain
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15.10.2012
+ CS(OS) 1696/2012
AARTI INDUSTRIES & ANR ..... Plaintiffs
Through Ms. Radhika Chandrashekar, Adv.
versus
M/S AUTHENTIC EXPORTS AND IMPORTS
(PVT) LTD& ORS ..... Defendants
Through Mr. Akash Kakkar, Adv. for D-1.
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN
JUDGMENT
V.K.JAIN, J. (ORAL)
This is a suit for recovery of Rs.31,72,274/-. The case of the plaintiffs is that
he had been supplying goods to defendant No.1 from time to time and supplied
goods worth Rs.30,94,645/- to it between 21.12.2010 to 01.03.2011. The defendant
made a payment of Rs.5,77,051, leaving a balance of Rs.25,17,594/-, which is the
principal amount claimed in the present suit. The plaintiff has also claimed interest
on the aforesaid amount @ 24% per annum amounting to Rs.6,54,680/-.
2. The defendants were proceeded ex-party vide order dated 25.09.2012, since
there was no appearance on their behalf, despite service. The plaintiff has filed his
own affidavit by way of evidence in which he has supported on oath the case set
out in the plaint and has proved the documents relied upon by him. He has stated
that he had supplied goods amounting to Rs.30,94,645/- to the defendant between
21.12.2010 to 01.03.2011 against invoices mentioned in para 12 of his affidavit.
He has further stated that as per the terms, he was entitled to interest @ 24% per
annum incase payment was not made within the stipulated time. According to him,
a sum of Rs.25,17,594/- is due to him as principal sum and Rs.6,54,680/- as
interest.
3. Ex.PW1/1 (Colly) are various purchase orders issued by defendant No.1
Company who is carrying business under the name and style of Aarti Industries.
Ex.PW 1/2 (Colly) are various invoices issued by the plaintiffs to defendant
No.1.
Ex.PW1/3 (Colly) is the statement of accounts which shows that a sum of
Rs.25,17,594/- payable by defendant No.1 to the plaintiff.
Ex.PW1/4 is a letter sent by the plaintiff to defendant No.1 stating therein
that a sum of Rs.25,17,594/- was due to him from the Company. This letter has
been confirmed by defendant No.1 Company thereby admitting liability to pay
Rs.25,17,594/- to the plaintiff as on 31.03.2011.
Ex.PW1/5 (Colly) is an email sent by an employee of defendant No.1
Company to the plaintiff, confirming the outstanding amount of Rs. 25,17,594/-.
Ex.PW1/6 is a copy of ledger account of defendant No.1 Company which clearly
shows that a sum of Rs. 25,17,594/- was due from them to the plaintiff.
4. The deposition of the plaintiff, coupled with the documentary evidence
particularly the invoices and statement of account filed by him show that a sum of
Rs.25,17,594/- was due to him as principal sum. In fact, defendant has not only
confirmed the principal amount payable by it to the plaintiff, it has also supplied, to
the plaintiff, its own statement of account, confirming its liability to pay the
aforesaid amount to him. The plaintiff, therefore, is entitled to recover the
principal sum of Rs.25,17,594/- from defendant No.1.
5. A perusal of the invoices issued by the plaintiff to defendant No.1 would
show that the interest @ 24% per annum has been prominently printed on the front
of the invoices. This term, therefore, constitutes an agreement for payment of
interest @24% per annum incase payment was not made within the stipulated time.
The plaintiff is, therefore, entitled to recover Rs.6,54,680/- as interest for the pre-
suit period.
6. For the reasons stated herein above, I hold that the plaintiff is entitled to
recover a total sum of Rs.31,72,274/- from the defendant No.1.
7. As far as defendant Nos.2 & 3 are concerned, there is no averment in the
plaint that they had stood as guarantors for the dues payable by defendant no.1 to
the plaintiff. A company being a separate legal entity, its directors are not
responsible to discharge the liability of the company, unless they have given
personal guarantee for this purpose. The plaintiff, therefore, is not entitled to
recover any amount from defendant no.2 and defendant no.3 in their personal
capacity.
8. For the reasons stated hereinabove, a decree for recovery of Rs.31,72,274/-
with costs and pendent lite and future interest @ 12% per annum is hereby passed
in favour of the plaintiff and against defendant no.1. The suit against defendant
no.2 and defendant no.3 is dismissed without any orders as to costs. Decree sheet
be drawn accordingly.
V.K. JAIN, J
OCTOBER 15, 2012/rb
