Shri Sukhpreet Kaur Proprietor, M/s AF Enterprises Plot No. 4, Gali No. 7W, Baljeet Farm House, Sarurpur Industrial Area, Faridabad, Haryana, 121004 ......Defendant Date of institution : 03.10.2024 Reserved for Judgment : 15.11.2025 Date of decision : 17.11.2025 SUIT FOR RECOVERY JUDGMENT (EXPARTE) 1. This is a suit for recovery of Rs.1,27,170/ (Rupees One Lac Twenty Seven Thousand One Hundred Seventy Only) along with pendentelite and future interest @ 20.25% per annum compounded monthly as per MSMED ACT2006 from the date of filing the present suit till realization along with cost. CS SCJ No. 1355/2024 Praveen Rajgarhia vs. Sukhpreet Kaur 1 of 6 2. The brief facts of the case of the plaintiff as averred in the plaint are that Plaintiff is a sole proprietor of the above mentioned firm and is engaged in the business of trading of goods mainly used for manufacturing of furnaces. The defendant is proprietor of above named firm and is engaged in manufacturing activities. It is stated that the present suit for recovery is in relation with the goods supplied to the defendant on 17.06.2024 for Rs.1,19,935/ along with interest from 20.06.2024 to 05.10.2024 @ 20.25% p.a. compounded with monthly rest. It is stated that the defendant placed his order to supply of goods through mobile and the same were supplied vide invoice no. ARM/51/2425 dated 17.06.2024 for Rs.1,19,935/ inclusive of GST. The goods were supplied at the address asked by the defendant i.e., at Plot no.3, Gali No. W6, Sarurpur Industrial Area, Faridabad, Haryana 121004 through vehicle no. HR38AD9059. It is stated that the defendant after receiving the goods did not make the payment as per agreed terms of making payment within 3 days. It is stated that the defendant was also purchasing goods from another firm of the plaintiff namely M/s Gunpatrai Mineral & Refractories and is also not making payment for which a separate case is being filed. The plaintiff demanded the payment many a times but the defendant did not make the payment on one or the other pretext. Thereafter, the plaintiff issued a legal notice on 29.07.2024 vide postal receipt no. ED706014625IN, demanding the due amount of Rs.1,19,935/ with interest thereon, but the legal notice was returned undelivered with the remark, "Ghar par Tala Laga Hai". It is stated that the plaintiff is categorized as MSME and as per CS SCJ No. 1355/2024 Praveen Rajgarhia vs. Sukhpreet Kaur 2 of 6 the Government notification dated 02.11.2018, the buyer shall make the payment within 45 days of supply of goods, but the defendant has not complied with even the said notification and withhold the payment. In view of the above said notification, the plaintiff is entitled to compound interest @ 3 times of the notified bank rate with monthly rest after 45 days of the supply of goods as contemplated u/s 1516 of MSMED ACT 2006 i.e. @ of 20.25% (notified bank rate was 6.75 as on 17/06/2024) compounded with monthly rest w.e.f. 20.06.2024 on Rs. 1,19,935/ which is Rs.7,235/ till 05.10.2024. Thus, the total amount of recovery is Rs. 1,27,170/ along with pendente lite and future interest as per law till the final payment of the outstanding. Hence, the present suit. 3. The summons issued to the defendant through Whatsapp on 18.02.2025, however the defendant failed to appear, therefore, was proceeded exparte vide order dated 09.05.2025 and the plaintiff was directed to bring exparte evidence. 4. The plaintiff examined himself as PW1 who in his evidence by way of affidavit Ex.PW1/A has reiterated and reaffirmed the averments made in the plaint. He has relied upon the following documents : 1. Downloaded copy of GST Registration Certificate Ex.PW1/1; 2. Invoice with eway Bill Ex.PW1/2 (colly.); 3. Legal notice Ex.PW1/3; 4. Return envelope Ex.PW1/4; 5. Downloaded copy of ledger account of defendant Ex.PW1/5; CS SCJ No. 1355/2024 Praveen Rajgarhia vs. Sukhpreet Kaur 3 of 6 6. Downloaded copy of MSME certificate Ex. PW1/6; 7. Certificate under section 65B Indian Evidence Act Ex.PW1/7. 5. I have heard the plaintiff and perused the material available on record carefully. 6. Before giving findings on the evidence led by plainti