Delhi High Court
V.B Polymers (P) Ltd vs Shivaik Telecom Ltd & Others on 9 July, 2015
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 09.07.2015
+ CS(OS) 2768/2014
V.B POLYMERS (P) LTD ..... Plaintiff
Through: Mr. Sumit Arora, Adv.
versus
SHIVAIK TELECOM LTD & OTHERS ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Open Court)
1. This is a suit for recovery of Rs.33,14,950/-. The plaintiff claims that
defendant No.1, from time to time, placed orders with it for supply of ST-1
Grey PVC compound; that as per the purchase orders, payments towards the
same were to be made by defendant No.2. It is claimed that goods worth
Rs.80,26,176/- were supplied to defendant No.1 against which an amount of
Rs.56,73,076/- has been paid through cheques from time to time. The
outstanding amount as of 7th December, 2011 is stated to be Rs.23,53,100/-.
The purchase orders are marked as Ex.PW-1/3 to 4.
2. The plaintiff has led evidence through one Mr. Raj Kumar, authorized
representative of the plaintiff, reiterating the claim made in the plaint with
reference to the aforesaid purchase orders. The plaintiff has also charged
Excise duty @ 10.3% and Central Sales Tax @ 2% under all the invoices.
The plaintiff also claims to have received the statutory 'C-Forms' from
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CS (OS) No. 2768/2014 Page 1 of 3
defendant No.1 against all the transactions as aforesaid and counterfoils of
the same are marked as Ex.PW-1/5 to 9. It is also submitted that issuance of
'C-Forms' amounts to acknowledgment of receipt of goods. The entries in
the account ledger of the plaintiff concerning sale of goods to defendant
No.1 and receipt of monies as partial payments have been marked as
Ex.PW-1/10. The invoices which remained unpaid are as under:
S.NO. INVOICE NO. DATE AMOUNT
1. 49/11-12 04.06.2011 600.00
2. 105/11-12 06.08.2011 1,38,382.00
3. 127/11-12 08.09.2011 2,76,765.00
4. 128/11-12 08.09.2011 4,15,147.00
5. 156/11-12 15.10.2011 4,15,147.00
6. 172/11-12 30.10.2011 4,15,147.00
7. 178/11-12 05.11.2011 6,91,912.00
TOTAL 23,53,100.00
3. The learned counsel for the plaintiff submits that in all fairness, the
plaintiff has sought only a lesser amount since the invoices at Serial Nos. 1
and 2 hereinabove totalling to Rs.1,38,982/- are not within the period of
limitation. Hence, only an amount of Rs.22,14,118/- is claimed in the suit.
4. The plaintiff has also led evidence to prove that the goods transport
receipt pertaining to the aforesaid transactions would show that the goods
have been duly delivered to defendant No.1. The receipts have been marked
as Ex.PW-1/16 to 19 and the relevant invoices have been marked as PW-
1/11 to 15. Ex. PW-1/17 shows an endorsement of goods having been
received by defendant No.1 against invoice Nos.127 and 128. Similarly,
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CS (OS) No. 2768/2014 Page 2 of 3
other goods receipts have been marked as Ex.PW-1/16, 18 & 19 regarding
other outstanding bills bearing invoice Nos.156, 172 and 178 respectively.
5. The learned counsel for the plaintiff would submit that as per the
terms and conditions of the purchase orders, the plaintiff is entitled to
interest @ 18% per annum from the date on which the payment became due.
As on the date of institution of the suit, the said interest component has been
calculated as Rs.11,00,832/-.
6. On 11.3.2015, the defendants were proceeded ex parte since none
appeared on their behalf despite due service of summons upon them.
Thereafter, the plaintiff led ex parte evidence. There is no rebuttal of the
plaintiff's claim. The Court is satisfied that the plaintiff has made out a case
for the grant of the reliefs sought in the suit. Accordingly, the suit is decreed
in favour of the plaintiff for recovery of Rs.33,14,950/-. The plaintiff shall
also be entitled to pendente lite and future interest @ 9% per annum which
shall be payable by the defendants from the date of filing the suit till
realization of the decretal amount. Furthermore, the plaintiff shall also be
entitled to costs of the suit as per schedule.
7. Let the decree sheet be drawn up accordingly.
8. The suit is disposed off in the above terms.
JULY 09, 2015/ak NAJMI WAZIRI, J.
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