M/s Garg Enterprises Registered Office at: Sarita Vihar, Main Chowk Ali Gaon, Sarita Vihar, Delhi110076 ......Defendant Date of institution : 22.03.2021 Reserved for Judgment : 07.01.2026 Date of decision : 09.01.2026 SUIT FOR RECOVERY JUDGMENT (EXPARTE) 1. This is a suit for recovery of Rs.1,69,150/ (Rupees One Lakh Sixty Nine Thousand One Hundred and Fifty Only) along with pendentelite and future interest @ 18% p.a. from the date of filing of suit till realization of the amount. 2. The brief facts of the case of the plaintiff as averred in the plaint are that plaintiff is a company duly registered under the CS SCJ No. 664/2021 M/s Vikram Roller Flour Mills Ltd. v. M/s Garg Enterprises Page No. 1 of 7 companies Act, 1956 works at B37, Lawrence Road Industrial Area, New Delhi110035 and high reputed company in the field of supply of flour product. Sh. Raj Kumar Tiwari is Administrative incharge of the plaintiff company and he has been authorized to pursue the present civil recovery suit against the defendant firm, the board of directors of the plaintiff company had passed a board resolution to this effect on 21.01. 2021. The plaintiff company is also registered with MSME project of Government of India. "The Ministry of Micro, Small and Medium Enterprise lend a helping hand to such enterprises by giving them the right to collect interest on the payments that are delayed from the buyer's side. The settlement of such disputes must be done in minimum time through conciliation and arbitration. In case, if any MSME registered enterprise supplies any goods or service to a buyer then the buyer is required to make the payment on or before the agreed date of payment or within 15 days from the day they had accepted the goods and service from MSME or SCI registered business and if there is no mention of the date of payment and buyer delays the payment for more than 45 days accepting the product or services than the buyer has to pay compound interest along with interest (monthly) on the amount that was agreed to be paid. The interest rate is three times the rate that is notified by the Reserve Bank of India." It is stated that being the proprietor/ partner of the firm, the defendant had approached to the plaintiff for supply of goods and placed orders and as per order of the defendant, the plaintiff supply the goods through different invoices on different dates i.e. CS SCJ No. 664/2021 M/s Vikram Roller Flour Mills Ltd. v. M/s Garg Enterprises Page No. 2 of 7 Invoice No. 5367 dated 26.11.2018 amount of Rs. 1,23,800/ and Invoice No. 5612 dated 03.12.2018 amount of Rs.1,10,400/ through transport as requested by the defendant. There is running statement of account of each and every transaction of the defendant firm and after the adjustment of all the debit and credit transactions as on 30.11.2020, there is an outstanding of Rs. 1,69,150/ pending against the defendant. Plaintiff had intimate the defendant through his representative regarding payment of outstanding arrears but the defendant had not considered the request of payment of the plaintiff's representative. Plaintiff had served a legal notice on 22.12.2020 for total outstanding of Rs.1,69,150/ through his counsel vide speed post dated 22.12.2020. The defendant has been duly served with the legal notice on 23.12.2020 at address of the defendant despite the service of legal notice defendant neither replied nor complied. Hence, the present suit. 3. The defendant was served with the summons of the suit on 10.01.2022. On 10.03.2022, Advocate Sh. Shailender Kumar Jaiswal had appeared through VC and on the joint request, the matter was referred to the mediation centre. On 18.07.2022, it was apprised that the mediation has failed and therefore the Court directed the defendant to file WS within time. Despite such directions, WS was filed by the defendant on 18.01.2023 i.e. after a delay of approximately 180 days from date of direction of the Court. Accordingly, due to lack of plausible explanation and substantial delay in filing of WS, the WS cannot be taken on