M/S Hindustan Plywood Company vs Rishi Ahuja
2015 Latest Caselaw 6194 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

%                             Judgment pronounced on: 24th August, 2015

+                            CS(OS) 668/2012

       M/S HINDUSTAN PLYWOOD COMPANY                          ..... Plaintiff
                    Through Mr.S.S.Saluja, Adv.

                             versus

       RISHI AHUJA                                         ..... Defendant
                             Through   Defendant is ex parte.

       CORAM:
       HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J.

1. The present suit has been filed by the plaintiff under Order XXXVII CPC for recovery of a sum of Rs.29,68,254/- along with pendente lite and future interest against the defendant.

2. The defendant did not appear despite of service. No appearance was filed by the defendant on 28th January, 2015 and hence, the defendant was proceeded ex parte. Ex parte evidence by way of affidavit of Rajiv Sapra as Ex.PW1/A has been adduced in view of order passed on 28th January, 2015.

3. It is stated in the plaint that the plaintiff is a partnership firm registered under the Indian Partnership Act with Registrar of Firms and Shri K.K. Sapra S/o Late Shri Daulat Ram Sapra is one of the partners of the plaintiff.

4. The defendant is a sole proprietor of M/s. Silver Mark Interiors who had purchased on credit various products from the plaintiff as mentioned in the bills from 26th February, 2010 to 20th May, 2010 from its Paharganj Shop, New Delhi.

5. The details of which are exhibited and are as under :

      S.No.      Bill No.        Date          Amount
     1.         TI-998      26.02.2010      4219/-        Ex.PW1/2
     2.         TI-997      26.02.2010      1,19,086/-    Ex.PW1/3
     3.         TI-1039     10.03.2010      1,29,967/-    Ex.PW1/4
     4.         TI-1074     22.03.2010      2,46,870/-    Ex.PW1/5
     5.         TI-1076     22.03.2010      20,342/-      Ex.PW1/6
     6.         TI-1078     22.03.2010      1,40,526/-    Ex.PW1/7
     7.         TI-1079     22.03.2010      25,995/-      Ex.PW1/8
     8.         TI-1080     22.03.2010      3,375/-       Ex.PW1/9
     9.         TI-1081     22.03.2010      19,926/-      Ex.PW1/10
     10.        TI-1088     23.03.2010      73,686/-      Ex.PW1/11
     11.        TI-1132     31.03.2010      5,00,686/-    Ex.PW1/12

     12.        TI-1137     31.03.2010      53,406/-      Ex.PW1/13

     13.        TI-1139     31.03.2010      10,651/-      Ex.PW1/14

     14.        TI-1138     30.03.2010      71,156/-      Ex.PW1/15

     15.        TI-1140     31.03.2010      1,40,112/-    Ex.PW1/16

     16.        TI-1151     31.03.2010      9,447/-       Ex.PW1/17

     17.        TI-1155     31.03.2010      9,108/-       Ex.PW1/18

     18.        TI-1135     31.03.2010      4,219/-       Ex.PW1/19

     19.        TI-1208     03.04.2010      4,163/-       Ex.PW1/20

     20.        TI-1209     03.04.2010      7,728/-       Ex.PW1/21





      21.        TI-1222   06.04.2010    99,216/-      Ex.PW1/22

     22.        TI-1223   06.04.2010    2,888/-       Ex.PW1/23

     23.        TI-1224   06.04.2010    5,34,276/-    Ex.PW1/24

     24.        TI-1243   10.04.2010    4,67,492/-    Ex.PW1/25

     25.        TI-1231   08.04.2010    12,845/-      Ex.PW1/26

     26.        TI-1246   10.04.2010    10,196/-      Ex.PW1/27

     27.        TI-1305   23.04.2010    1,628/-       Ex.PW1/28

     28.        TI-1336   01.05.2010    5,694/-       Ex.PW1/29

     29.        TI-1337   01.05.2010    7,613/-       Ex.PW1/30

     30.        TI-1356   05.05.2010    40,488/-      Ex.PW1/31

     31.        TI-1355   05.05.2010    2,11,812/-    Ex.PW1/32

     32.        TI-1397   10.05.2010    2,18,100/-    Ex.PW1/33

     33.        TI-1439   18.05.2010    2,455/-       Ex.PW1/34

     34.        TI-1445   20.05.2010    1,575/-       Ex.PW1/35

6. The defendant purchased the goods on credit amounting to Rs.32,59,709/- from the plaintiff and had paid part payment of Rs.11,43,455/- leaving the balance unpaid price of goods of Rs.21,26,254/- due to the plaintiff.

7. As claimed, a sum of Rs.21,16,254/- as balance unpaid price of the goods and Rs.8,46,500/- as interest @ 24% per annum and Rs.5,500/- as legal notice fee i.e. total Rs.29,68,254/- has become due to the plaintiff from the defendant and the defendant failed to pay despite service of legal notice of demand dated 9th December, 2011

by speed post A.D. at the address of the defendant, hence the present suit. Copy of the legal notice is exhibited as Ex.PW1/36. Copy of the Post receipt and returned Envelope is exhibited as Ex.PW1/37 colly.

8. The plaintiff is maintaining books of account in usual course of business and there is running and open account of defendant which is opened in the Ledger accounts of the plaintiff and all the purchases made by the defendant on credit has been shown and all the part payment received from the defendant has been shown and now balance unpaid price of the goods of Rs.21,16,254/- is shown as due to the plaintiff from the defendant. Statement of account is exhibited as Ex.PW1/38 and certificate under Section 65B of Evidence Act is exhibited as Ex.PW1/39.

9. The defendant had also issued a cheque No.591791 dated 31st March, 2010 for Rs.1,23,305/- drawn on Punjab National Bank which was dishonoured with Memos dated 31st March, 2010 and 7th April, 2010. Dishonoured cheque is exhibited as Ex.PW1/40 and two dishonoured Memos are exhibited as Ex.PW1/41 (colly).

10. The defendant had received ledger Account on 2nd May, 2011 from the plaintiff wherein a sum of Rs.12,05,325/- has been shown outstanding due from the defendant to the plaintiff in respect of accounts from 1st April, 2010 to 31st March, 2010 which is exhibited as Ex.PW1/42 and the defendant had confirmed statement of account of Rs.6,40,102/- of supplies from 11th March, 2010 to 31st March, 2010 which is exhibited as Ex.PW1/43.

11. The defendant had also received ledger account from the plaintiff from 1st April, 2009 to 31st March, 2010 and 1st April, 2010 to 31st March, 2011 in respect of supplies at Saket wherein a sum of Rs.6,99,908/- has been shown outstanding due from the defendant and the defendant has also certified to be due under his own hands, which is exhibited as Ex.PW1/44.

12. The defendant had also received ledger account from the plaintiff on 2nd May, 2010 wherein a sum of Rs.87,716/- has been confirmed, but a cheque of Rs.1,23,305/- issued by the defendant in favour of the plaintiff and shown in statement of account was returned uncashed and was dishonoured, which is exhibited as Ex.PW1/45.

13. Additional documents have been filed by the plaintiff in order to prove that in the plaint, the plaintiff has given the latest address of the defendant.

14. In view of the above said, the plaintiff has proved its case against the defendant as per averment made in the plaint. Thus, a decree for a sum of Rs.29,68,254/- is passed in favour of the plaintiff and against the defendant along with pendent lite and future interest @ 12% per annum till realization of decreetal amount. The interest claimed @ 24% per annum is on the higher side as felt by the Court.

15. The suit is disposed of. The plaintiff is also entitled for costs.

16. Decree be drawn accordingly.

(MANMOHAN SINGH) JUDGE AUGUST 24, 2015