1. M/s Shyama Enterprises Through Its Proprietor Sh. Ravinder Kumar C20, DSIDC Shed, Jhilmil Colony, Delhi110095. Presently at: A10, Jhilmil Industrial Area, Delhi110095. 2. Sh. Ravinder Kumar Proprietor of M/s Shyama Enterprises A334, PocketE, GTB Enclave L.I.G., Dilshad Garden, Delhi110093. Presently at: A10, Jhilmil Industrial Area, Delhi110095. ........ Defendants Date of Institution : 06.11.2017 Date of Judgment : 19.02.2024 JUDGMENT CS No. 855/2017 Page No. 1/14 1 Vide this judgment, I shall dispose of instant suit filed by plaintiff against the defendant for recovery of Rs.4,02,482/ alongwith pendentlite & future interest @ 24% per annum. 2 The facts set out in the plaint are that the plaintiff is a well reputed businessman and is engaged in the business of trading of paper, board, printing ink and other related materials since November, 1995 and the defendants are also engaged in the printing related business and after coming in contact with the plaintiff, the defendants started making purchases from the plaintiff on running account basis i.e. the plaintiff used to supply goods on the demand of the defendants while the defendants used to pay a part of the bill and the balance pending amount used to be carried forward to the next bill. It is further averred that as per the statement of accounts of the defendants, being maintained by the plaintiff in regular course of business, an amount of Rs.2,95,943/ became due towards the defendants as on 30.03.2016, for which the plaintiff made numerous demands to the defendants but the defendants did not pay any heed to the same despite repeated requests & demands made by the plaintiff. It is further averred that thereafter, the plaintiff issued a legal notice dated 02.11.2016 upon the defendants, thereby calling upon them to make the payment of the outstanding amount of Rs.2,95,943/ alongwith interest @ 24% p.a. which was duly served upon the defendants. It is further averred that in reply of the notice dated 02.11.2016, the defendants sent a letter dated 15.11.2016 to the plaintiff, containing nothing bus frivolous pleas, asking the plaintiff to furnish details like the dates of invoices, bills number, total amount due and photocopy of bill to CS No. 855/2017 Page No. 2/14 the defendants, as if the same were not in the knowledge of the defendants. However, the plaintiff again sent all the particulars, as sought, to the defendant but the defendant failed to make any payment to the plaintiff. Hence the present suit. 3 Summons of suit was issued to the defendants. The defendants appeared and filed their written statement thereby stating therein that at some point of time some business differences were raised between the defendant and the plaintiff and plaintiff issued the legal notice to the defendants demanding the amount of Rs.2,95,943/ and upon receipt of the same defendant duly replied the same vide letter dated 15.11.2016 and demanded the invoice wise details which the plaintiff failed to comply and with malafide intention filed the present suit. It is further stated that the present suit is only the outcome of the dispute arose between the parties regarding the return of the bad material which was earlier supplied by the plaintiff to the defendant. In preliminary objections it is stated by the defendants that the plaintiff has not filed his correct and clear ledger account, hence the present suit is totally on the false and fabricated averments and liable to be dismissed. The cause of action never accrued in favour of the plaintiff and against the defendants and as such the suit of the plaintiff is liable to be rejected as per the provisions of Order 7 Rule 11 CPC. The plaintiff has concealed the material facts intentionally and deliberately from this court and it is settled preposition of law that the litigant who has concealed the true and material facts from the court his case is liable to be thrown out at the very outset while imposing CS No. 855/2017 Page No. 3/14 exemplary cost as per the provision of Section 35 CPC. On merits, all the averments of plaint are denied word by word and lastly, it is prayed that the sui