M/s DRD Impex Pvt. Ltd. Through its Directors Satyavarat Dubey & Ms. Vidya Dubey At 209, Second Floor, Pyare Lal Complex M.G. Road, Shukrali Mehrauli Road, Gurugram, (Haryana)122001 ........Defendant Date of Institution : 30.08.2022 Date of Reserving Judgment : 03.01.2024 Date of Decision : 22.02.2024 SUIT FOR RECOVERY OF Rs. 1,18,281/ JUDGMENT (Exparte) 1. Vide this judgment, this court shall dispose of the present suit filed by the plaintiff seeking recovery of Rs.1,18,281/ along with pendente lite and future interest @ 12 % p.a. from the date of filing of suit till the date of realisation. Umang Digitally signed by Umang Joshi Joshi Date: 2024.02.22 13:52:52 +05'30' Civil Suit No.2117/2022 Page 1 of 10 2. Briefly stated, the factual matrix of the case as averred in the plaint is that plaintiff is the proprietor of M/s Sharma Electricals and deals in electrical goods. It is further stated that the plaintiff had business dealing with the defendant and plaintiff supplied various electrical goods to the defendant from time to time on the order of the defendant. It is further stated that the defendant has been purchasing electrical goods on credit basis from the plaintiff and the plaintiff has been maintaining an open and running account in the name of defendant's firm in his regular course of business. It is further stated that the plaintiff had supplied electrical goods to the defendant on different dates against the invoices bearing no. 2325 dated 30.11.2017 of Rs. 36,241/, invoice bearing no. 2422 dated 08.12.2017 of Rs. 48,781/ and invoice bearing no. 2664 dated 27.12.2017 of Rs. 15,930/. It is further stated that that defendant had lastly paid part payment of Rs. 20,000/ through RTGS on 04.02.2020 against the pending invoices amount of Rs. 1,12,128/ leaving the balance invoices amount of Rs. 92,128/ as on 04.02.2020 and the defendant is liable to pay the said amount to the plaintiff. It is further stated that the defendant has received the above said electrical goods from the plaintiff and has not paid the balance pending invoices amount of Rs. 92,128/ to the plaintiff on one pretext or other. It is further stated that the plaintiff made various requests personally as well as telephonically to the defendant for getting the pending invoices amount of Rs. 92,128/ but the defendant refused to make the payment of electrical goods received by the defendant from the plaintiff. It is further stated that the plaintiff had sent a legal demand Umang Digitally signed by Umang Joshi Joshi Date: 2024.02.22 13:53:09 +05'30' Civil Suit No.2117/2022 Page 2 of 10 notice to the defendant demanding outstanding amount of Rs. 92,128/ along with interest @ 12% p.a. as agreed between the parties in invoice plus legal demand notice and postal expenses i.e. Rs. 2,200/ total of Rs. 1,18,281/ on 26.05.2022. It is further stated that the plaintiff has not received the outstanding amount of Rs. 1,18,281/ in spite of defendant receiving the legal demand notice. Therefore, the present suit has been filed by the plaintiff seeking the relief as mentioned in para no.1. 3. It is pertinent to mention that initially summons were issued to the defendant under Order 37 CPC. However, vide order dated 09.11.2022, the present suit was converted into an ordinary suit pursuant to submission made by counsel for plaintiff. 4. Summons issued to the defendant were not received back. However, appearance was entered on behalf of defendant on 09.11.2022 and accordingly, the defendant was deemed