Delhi District Court Agh Isolutech Private Limited vs Enpac Projects And Advisory Opc Pvt. Ltd on 31 July, 2024 IN THE COURT OF SENIOR CIVIL JUDGECUMRENT CONTROLLER, SOUTHEAST DISTRICT, SAKET COURTS, DELHI Presided By: Ms. Swati Sharma CS SCJ 1215/23 M/S AGH ISOLUTECH PRIVATE LIMITED THROUGH ITS MANAGING DIRECTOR MR. AMRIT PAL SINGH JAGDEVA HAVING ITS REGISTERED ADDRESS AT: 27C, SECOND FLOOR, ZAMRUDPUR, GREATER KAILASH PART1, NEW DELHI110048 MOB9810811757 .....Plaintiff VERSUS 1. ENPAC PROJECTS AND ADVISORY (OPC) PVT. LTD. THROUGH ITS DIRECTOR MR. ARUNAVA SAHA HAVING ITS REGISTERED OFFICE AT: 133/2, 4TH FLOOR, JANARDHAN TOWERS, RESIDENCY ROAD, BANGALORE560025 EMAIL: [email protected] MOB: 9830006621 2. MR. ARUNAVA SAHA DIRECTOR HAVING ITS OFFICE AT: 133/2, 4TH FLOOR, JANARDHAN TOWERS, RESIDENCY ROAD, BANGALORE560025 EMAIL: [email protected] MOB: 9830006621 .....Defendants SUIT FOR RECOVERY OF RS. 2,72,721.12/ ALONG WITH PENDENTE LITE INTEREST AND FUTURE INTEREST DATE OF INSTITUTION: 06.10.2023 DATE OF ARGUMENTS: 30.07.2024 DATE OF ANNOUNCEMENT: 31.07.2024 CS NO. 1215/2023 AGH Isolutech Pvt. Ltd. vs. Enpac Projects And Advisory (OPC) Pvt. Ltd. PAGE 1 OF 8 EXPARTE JUDGMENT Plaintiff's case: 1. The plaintiff bank has filed this suit against the defendants, seeking recovery of Rs.2,72,721.12/ alongwith pendentelite interest and future interest at 24% p.a., and cost of the suit. 2. The case of the plaintiff as discernible from the plaint of this suit and the documents filed along with the plaint of this suit is that the plaintiff company is an ISO 9001:2015, Ministry of Small and Medium Enterprises (MSME) & Department of Industrial Policy and Promotion (DIPP) Certified Company in the field of Security, Surveillance, Medical Safety & Traffic related equipment and systems. The plaintiff company deals with the installation and supply of many CCTV cameras, Security equipment, Surveillance system, Medical Safety & Traffic Systems in PAN India. The present suit has been filed on behalf of plaintiff company through its Managing Director Mr. Amrit Pal Singh Jagdeva, who is authorized vide board resolution dated 04.09.2023. 3. It is further stated that the plaintiff company was approached by the Defendant no. 1 through Mr. Arunava Saha, i.e. Defendant No. 2 for certification/authorization to sell Medical Portable & Industrial Oxygen Concentrator. Thereafter, the Plaintiff company through the Managing Director, Mr. Amrit Pal Singh Jagdeva issued a Letter of Authorization dated CS NO. 1215/2023 AGH Isolutech Pvt. Ltd. vs. Enpac Projects And Advisory (OPC) Pvt. Ltd. PAGE 2 OF 8 07.05.2021 certifying/authorizing the Defendant no. 1 through Defendant No. 2 to sell Medical Portable & Industrial Oxygen Concentrator for the next one (1) year that is from 01.05.2021 to 30.04.2022 in Southern Karnataka State Only. It is further stated that the plaintiff supplied portable oxygen concentrators and raised invoice dated 01.06.2021 for a sum of Rs. 14,61,993.12/ upon the defendants. 4. The goods/materials were supplied by plaintiff to defendants and for the supply of the said goods/materials, the plaintiff raised Invoice no. AGH/2122/031 dated 02.06.2021 for a sum of Rs. 88,618/ upon the defendants. As per the request of the defendants, the goods/materials were sent on 02.06.2021, and same was duly delivered at the destination requested by the Plaintiff i.e. District Commissioner, District Disaster Management Authority, Chikmagalur District, Chikmagalur 577101, Karnataka. However, despite receipt of the goods/materials in perfect condition, the defendants failed to clear the entire outstanding amount against Invoice no. AGH/21 22/030 dated 01.06.2021, for a sum of Rs. 14,61,993.12/. 5. The defendants, despite the receipt of the goods/material, have not cleared the outstanding payments and the plaintiff company, in the ordinary and regular course of business, has opened/maintained Ledger in the name of defendants wherein the value of invoice raised upon it used to be debited and every payment was credited and in the said account also, there is debit balance of Rs. 2,72,721.12/ as on 10.09.2023 against the defendants including interest due to nonpayment of CS NO. 1215/2023 AGH Isolutech Pvt.