Dr. B.R AMBEDKAR INSTITUTE OF DENTAL SCIENCES & HOSPITAL Hariom Nagar, New Bailey Road, West of Canal, Patna, Bihar801503 Email: [email protected] ....Defendant Date of Institution : 23.12.2020 Final arguments : 21.09.2022 Date of decision : 30.05.2024 JUDGMENT 1. Judgment shall dispose off the suit for recovery of Rs. 7,90,879/ premised on the ground that plaintiff has not been paid CS (COMM) 1904/2020 Unicorn Denmart Ltd. . VS. Dr. B.R. Ambedkar Institute of Dental Sciences & hospital page 1 of 9 fully against the supplies effected to the defendant. 2. Shorn of avoidable details, the case of the plaintiff is that the plaintiff is company based at Gurgaon, engaged in the business of import, marketing, distribution, supply and servicing of dental equipments. Sh. Gaurav Gogia, through whom the present suit is filed, is authorized to file and prosecute the present suit, on the strength of resolution dated 02.09.2020 of the Board of Directors. The defendant, a dental college and hospital, recognized under the Ministry of Health and Family welfare Government of India as well as Dental Council of India, is based at Patna, Bihar. Defendant is stated to have placed a purchase order for supply of Dental Chairs upon the plaintiff. On the basis of order, the plaintiff had supplied 17 Dental chairs (A8001 MOD Aspire) and one portable chair under the Invoice no. 3032 dated 05.10.2017. The chairs so supplied were installed at the Defendant Institute on 09.11.2017. 3. The plaintiff is stated to have received 50% of the amount i.e. Rs. 7,85,000/ as advance vide DD No. 246947 dated 12.10.2017, drawn on Punjab National Bank. It is the case of the plaintiff that the defendant had defaulted in making the payment of the balance amount, as well as amount which has become due to the plaintiff on account of service charges, separately invoiced on 13.11.2017. Accordingly, an amount of Rs. 7,90,879 is claimed to CS (COMM) 1904/2020 Unicorn Denmart Ltd. . VS. Dr. B.R. Ambedkar Institute of Dental Sciences & hospital page 2 of 9 be pending and due from the defendant. 4. It is the case of plaintiff that the payment was received on 10.11.2017 and despite several reminders, emails, and visits by the plaintiffs representative, the defendant continued to neglect the payment. The plaintiff is also stated to have issued a letter 18.03.2019 claiming the sum of Rs. 7,90,879/. Compelled by the default, the plaintiff is stated to have issued a legal notice subsequently on 25.04.2019. 5. The plaintiff approached Delhi District Legal Services Authority under section 12 A of the Commercial Court Act on 03.09.2020 for recovery of the outstanding, but on the account of nonappearance/nonparticipation by the defendant, a NonStarter Report dated 21.11.2020 was issued. 6. The plaintiff has also claimed itself to be registered as MSME and has claimed entitlement to interest on the unpaid balance of Rs. 7,90,879/, in terms of section 16 of the Micro, Small & Medium Enterprises Development Act, 2006. 7. While claiming cause of action to have accrued on several dates, and to be a subsisting one in view of the continued default, the plaintiff has invoked the jurisdiction of this court seeking a money decree to the tune of Rs. 7,90,879/ together with interest CS (COMM) 1904/2020 Unicorn Denmart Ltd. . VS. Dr. B.R. Ambedkar Institute of Dental Sciences & hospital page 3 of 9 as a specified under section 16 of the MSMED Act, 2006, together with costs. 8. The case was first listed on 23.12.2020 and in terms of order dated 28.01.2021, the process was directed to be issued. In terms of order dated 26.09.2022, the defendant was proceeded against exparte by the Ld.