1. M/s Modways Objet D'art Pvt. Ltd., Through Director/manager/A.R 2. Shri Ashok Kumar Chhabra, ] D2 and D3 stood Director of M/s Modways Objet D'art Pvt. Ltd. ] deleted from the ] array of parties 3. Shri Sahil Chhabra, ] vide order dated Director of M/s Modways Objet D'art Pvt. Ltd., ] 18.01.2024. Both At: 27, Pace CityI, Sector37, Gurgaon, Haryana122001. E.Mail: [email protected] Whatspp No.9891085463 .....Defendants (Through Shri Vinit Dubey, Advocate) Date of Institution of Suit : 05.02.2022 Date of transfer to this court : 17.07.2023 Date of hearing arguments : 25.01.2024 Date of judgment : 25.01.2024 Suit Decreed U/o VIII Rule 10 CPC Page 1 of 10 CS (Comm) No.62/2022: Jeetender Pal V/s M/s Modways Objet D'Art Pvt. Ltd. DOD: 25.01.2024 COMMERCIAL SUIT FOR MONEY RECOVERY U/s 6 OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURT ACT, 2015 OF Rs.8,23,202/ (RUPEES EIGHT LAKHS TWENTY THREE THOUSAND TWO HUNDRED TWO ONLY) TOGETHER WITH INTEREST @ 24% PER ANNUM SINCE INCEPTION TILL DATE OF REALIZATION ALONGWITH COST THROUGHOUT JUDGMENT IN TERMS OF ORDER VIII RULE 10 CPC 1. This order shall dispose off an application filed U/o VIII Rule 10 CPC by the plaintiff. 2. The facts of the case leading to filing of the present suit succinctly stated are that plaintiff is the proprietor of M/s Bhayana Leather Udyog, situated at the given address in Delhi, dealing in manufacturing, wholesale and trading of all kinds of leather goods/pads and accessories etc. Defendant No.1 is stated to be a private limited company. 3. It is the case of the plaintiff that in the month of July' 2021, defendant No.1 company had approached him and placed order for 7000 pieces of notepads at the agreed rate with the condition that the defendants would themselves supply the batteries (power bank) and bell for each note pad. The purchase order (Document No.P4), dated 15.08.2021 placed by defendant No.2 on behalf of defendant No.1 with the plaintiff has been filed on record. The defendants also supplied batteries and bells (7000 pieces each) to the plaintiff on 27.08.2021 and raised Delivery Challan (Document P6) in the sum of Rs.1,75,000/ for the aforesaid two items. 4. It appears that the said bells and batteries did not fit in the pad(s) being manufactured by the plaintiff for defendant No.1 and as such, the same Suit Decreed U/o VIII Rule 10 CPC Page 2 of 10 CS (Comm) No.62/2022: Jeetender Pal V/s M/s Modways Objet D'Art Pvt. Ltd. DOD: 25.01.2024 were returned back to the defendants by the plaintiff through Delivery Challan dated 30.08.2021. 5. Thereafter, the plaintiff delivered 4100 pads to the defendants through two different invoices with eway bills (Documents P7 & P8) on 07.09.2021 and 09.09.2021. 6. Thereafter, before proceeding to manufacture the remaining pads, the plaintiff sought for the payment of the supplied pads. Several reminders and messages appear to have been sent by the plaintiff to the defendants in this regard, which led payment of Rs.12,00,000/ (Rupees Twelve Lakhs Only) by the defendants to the plaintiff through RTGS towards part payment of the goods. It is also apparent that during this period the plaintiff had purchased some facial shields/masks from the defendants and the same were also duly accounted for by the plaintiff in the statement of account maintained in the name of defendant No.1, which shows an a