New Shop Cstore Network Private Limited Through its Director Ms. Aastha Almast, C39, East of Kailash, New Delhi110 065. .......Defendant Through:Sh.Amit Kumar, advocate Date of filing of suit: 11.10.2023 Arguments heard on: 15.03.2024 and 22.04.2024 Date of Judgment: 18.05.2024 SUMMARY JUDGMENT: (1) This is an application under Order XIIIA of The Code of Civil Procedure, 1908 (in short 'CPC') filed by plaintiff for passing a summary judgment and grant all the reliefs sought in the plaint. Facts of plaintiff's case (2) Plaintiff filed the present suit for recovery against defendant, wherein it is averred that plaintiff is a reputed trader of consumer products including confectionery items and transacts CS (COMM.) No.944/2023 (Rajnish Kumar & Sons HUF vs. New Shop Cstore Network Pvt. Ltd.) Page No. 1 of 15 with multiple wholesales across the country and is a registered MSME (Micro). (3) Plaintiff had business transactions with defendant as defendant had been placing regular orders with plaintiff over the course of their business relationship. During 2022, multiple orders were placed by defendant with plaintiff for which delivery of goods had been duly received and accepted by defendant and payment dues acknowledged. After adjusting the credit notes, an amount of Rs.13,37,434/ is due against invoices, which are as under: S.No. Invoice Invoice Date Invoice Amount Pending No. (Rs.) Amount 1. 996 08.10.2022 7,24,393/ 4,15,816/ 2. 997 08.10.2022 6,02,201 6,02,201/ 3. 998 08.10.2022 3,19,417/ 3,19,417/ (4) Plaintiff avers that the goods sent via above mentioned invoices were delivered to defendant on 08.10.2022. Defendant raised no objection regarding their acceptance. As per provisions of The Micro, Small and Medium Enterprises Development Act, 2006 (in short 'MSMED Act'), plaintiff being a registered MSME (Micro) was entitled to payment on appointed day i.e. 24.10.2023. Further, in case of failure in payment to plaintiff on appointed day, it also became entitled to compound interest with monthly rests on the invoice due from the appointed day, at three times of the bank rate notified by RBI. Thus, the total remaining dues against the invoices along with interest calculated as per provisions of MSMED Act till 31.08.2023 add to Rs.15,82,517/. Defendant is liable to pay further interest CS (COMM.) No.944/2023 (Rajnish Kumar & Sons HUF vs. New Shop Cstore Network Pvt. Ltd.) Page No. 2 of 15 which is to be calculated upon the total outstanding as per provision of MSMED Act from 01.09.2023 till the date of complete recovery. (5) Plaintiff submitted that defendant had acknowledged and accepted its liability vide multiple emails and had even issued a post dated cheque against the invoice due from its parent company. However, the same was bounced. (6) In the email dated 20.06.2023, defendant alleged that it intended to return the goods and as certain discrepancy had been found in the invoices, therefore, the cheque had been stopped. Defendant also claimed that the alleged discrepancies would be communicated within thirty days. However, the same was not done. Plaintiff objected to such action vide email dated 12.07.2023. Further, it was also communicated to defendant that the cheque itself had been post dated by months and had been given after countless reminders for payments and if the payment was directed to be stopped why the same was not communicated to plaintiff. (7) Being left with no other option, plaintiff proceeded with filing of PreLit Mediation before Delhi Legal Services Authority, South East District, New Delhi. At this instance, defendant wrote an email to plaintiff again seeking clarification on the accounts and simultaneously consented to DLSA proceedings. Plaintiff denied defendant's request for document