1. M/s Aristo Motors Pvt. Ltd. C/o Auto Needs Hero (Hero Motor Cycle Dealer) 501/2, Mehrauli Road, Sector­15, Part­2, Sector­14, Gurugram, Haryana PIN 122001. ....... DEFENDANT NO.1 2. Mr. Vivek Goel, Managing Director M/s Aristo Motors Pvt. Ltd. C/o Auto Needs Hero (Hero Motor Cycle Dealer) 501/2, Mehrauli Road, Sector­15, Part­2, Sector­14, Gurugram, Haryana PIN 122001. ....... DEFENDANT NO.2 3. Mrs. Anju Goel Director :M/s Aristo Motors Pvt. Ltd. C/o Auto Needs Hero (Hero Motor Cycle Dealer) 501/2, Mehrauli Road, Sector­15, Part­2, Sector­14, Gurugram, Haryana PIN 122001. ....... DEFENDANT NO.3 CS (Comm.) No. 117/19 M/s Grippers India vs. Aristo Motors P. Ltd. 1 of 14 Date of filing of the suit : 15.01.2019 Date of reserving judgment : 27.08.2019 Date of judgment : 20.11.2019 Suit for recovery of Rs.4,49,700/­ (Rupees Four Lacs Forty Nine Thousand Seven Hundred only) alongwith interests. Judgment 1. By this judgment, I propose to decide the present suit filed by the plaintiff against the defendants for the recovery of Rs.4,49,700/­ with pendnte­lite and future interest at the rate of 18% per annum. Facts 2. Plaintiff firm is a proprietorship firm and Sh. Praddep Rastogi is its proprietor. Defendant no.1 is a Private Limited Company and defendant no.2 &3 are its directors. 3. Plaintiff is in the business of marketing trading, distribution and selling of chemicals for engine laminations, tyre Id, glass etching etc. Plaintiff also provides Car Care products as well as provide other services by way of work contract services. 4. Plaintiff had been dealing with the Defendant company since October, 2015. In October, 2015, Defendant No. 2 had visited the plaintiff. Plaintiff had provided quotations to him giving the price at which the CS (Comm.) No. 117/19 M/s Grippers India vs. Aristo Motors P. Ltd. 2 of 14 goods would be supplied by the Plaintiff. Price quotation dated 20.10.2015 of providing goods had been signed by both the parties. 5. Plaintiff continued to supply goods and provide services to the defendant company from 01/11/2015 to 17/09/2017 and continued to raise services, retails invoices and tax invoices. Plaintiff had been maintaining a regular ledger account of the defendant. 6. It is alleged that the defendant had not been regular in clearing the pending dues. After continuous follow up he used to make the payment. Last payment was made by him on 14/02/2018 by a cheque of Rs.50,000/­. 7. In the plaint Plaintiff has provided the details of the account as per its books of account as under: Financial Debit Credit Opening balance Balance pending Year amount amount 2015­16 Rs.13,40,871.90/­ Rs.6,97,317.61/­ Rs.00/­ Rs.6,43,554.29/­ 2016­17 Rs.21,85,706.89/­ Rs.17,419.56/­ Rs.6,43,554.29/­ Rs.10,50,841.62/ ­ 2017­18 Rs.5,75,948.87/­ Rs.11,77,090/­ Rs.10,50,841.62/­ Rs.4,49,700.49/­ Total Rs.41,02,527.66/­ Rs.36,52,827.17/­ Rs.4,49,700.49/­ (outstanding amount) 8. Plaintiff, thereafter, had sent a legal notice to the defendants on CS (Comm.) No. 117/19 M/s Grippers India vs. Aristo Motors P. Ltd. 3 of 14 05.09.2018 by registered post & courier. The defendants, however, neither replied to the said legal notice nor cleared the outstanding payment due to the plaintiff firm. 9. According to plaintiff, the defendants are liable to pay a sum of Rs.4,49,700.49/­. Defendants proceeded ex­parte 10.Defendants were duly served with the process of the Court. However, none had appeared on behalf of the