Shri Lokesh Tanwar Proprietor, M/s Nilesh Steel Industries R/o Sector26, Near HP Gas Godown, VPO Haripur, Pulwas, Dist. Bhiwani, Haryana 127021 ......Defendant Date of institution : 26.07.2024 Reserved for Judgment : 15.11.2025 Date of decision : 17.11.2025 SUIT FOR RECOVERY JUDGMENT (EXPARTE) 1. This is a suit for recovery of Rs.57,690/ (Rupees Fifty Seven Thousand Six Hundred Ninety Only) along with pendentelite and future interest @ 19.50% per annum compounded monthly as per MSMED ACT2006, from the date of filing the present suit till realization along with cost. CS SCJ No. 992/2024 Praveen Rajgarhia vs. Lokesh Tanwar Prop Nilesh Steel Industries 1 of 6 2. The brief facts of the case of the plaintiff as averred in the plaint are that Plaintiff is a sole proprietor of the above mentioned firm and is engaged in the business of trading of goods mainly used for fabricating/casting furnaces. It is stated that the plaintiff on 29.12.22, received an oral order for supply of goods worth Rs. 44,575/ from the defendant and the same was supplied vide invoice no. ARM/437/2223 but the defendant did not make the payment of the above said amount of Rs. 44,575/ after receiving the goods as per terms of supply on one or the other pretext. The plaintiff had issued a legal notice dated 15.05.2024 vide postal receipt no. ED646005093IN dated 16.05.2024, which was tried to be served upon the defendant on 20.05.2024 but the defendant refused to take and returned the same which was received back on 27.05.2024, however the notice was served on the Mobile no. 9718092892 on 28.05.2024. Thereafter, the plaintiff tried to contact the defendant but he did not pick up the phone. It is stated that the plaintiff is categorized as MSME and as per the Government notification dated 02.11.2018, the buyer shall make the payment within 45 days of supply of goods, but the defendant has not complied with even the said notification and withhold the payment. In view of the above said notification, the plaintiff is entitled to compound interest @ 3 times of the notified bank rate with monthly rest after 45 days of the supply of goods as contemplated u/s 1516 of MSMED ACT 2006 i.e. @ of 19.50% (notified bank rate was 6.50% as on 29/12/2022) compounded with monthly rest w.e.f. 13.02.2023 on Rs. 44,575/ which is Rs.13,115/ till 12.06.2024. Thus, the total amount of recovery is Rs. 57,690/ along with the CS SCJ No. 992/2024 Praveen Rajgarhia vs. Lokesh Tanwar Prop Nilesh Steel Industries 2 of 6 pendente lite and future interest @ 19.50% compounded with monthly rest as per law till the final payment of the outstanding. Hence, the present suit. 3. The summons issued to the defendant through Whatsapp on 18.02.2025, however the defendant failed to appear, therefore, was proceeded exparte vide order dated 09.05.2025 and the plaintiff was directed to bring exparte evidence. 4. The plaintiff examined himself as PW1 who in his evidence by way of affidavit Ex.PW1/A has reiterated and reaffirmed the averments made in the plaint. He has relied upon the following documents : 1. Downloaded copy of GST Registration Certificate Ex.PW1/1; 2. Ex. PW1/2 is deexhibited as bank statement is not on record; 3. Downloaded invoice Ex.PW1/3; 4. Downloaded copy of ledger account of defendant Ex.PW1/4; 5. Legal notice alongwith postal receipt, return envelope etc. Ex.PW1/5 (colly.); 6. Downloaded copy of MSME certificate Ex. PW1/6; 7. Downloaded copy of bank rate Ex. PW1/7; 8. Certificate under section 65B Indian Evidence Act Ex.PW1/8. 5. I have heard the plaintiff and perused the material available on record carefully. 6. Before giving findings on the evidence led by plaintiff and submissions advanced on behalf of plaintiff, it is important to CS SCJ No. 992/2024 Praveen Rajgarhia vs. Lokesh Tanwar Prop Nilesh Steel Industries 3 of 6 note that in the present case, the defendants have never appeared and were proceeded ex parte vide order dated 09.05.2025. It is further noted that the Court is mindful of the fact that in cases where the defendant is exparte, the Court needs to b