Rattan Lal, Sole Proprietor, Shri Shyam Dairy, Registered office: WZ152/28, Ground Floor, FBlock, Katra Nihal Singh, Madipur, New Delhi110063. ....Defendant. Date of filing : 14.02.2024 Date of arguments : 03.06.2025 Date of judgment : 03.06.2025 COMMERCIAL SUIT FOR RECOVERY OF Rs. 7,12,180/ ALONG WITH PENDENTLITE AND FUTURE INTEREST WITH COST OF THE SUIT. JUDGMENT: 1. Vide this judgment, I am deciding the suit for recovery of Rs. 7,12,180/ along with pendentlite and future interest filed by the plaintiff against the defendant. 2. In the plaint, it is mentioned that the plaintiff is the sole Proprietor of M/s. Bansal Agro Foods Industries having its CS (Comm.) No. 380/2024 1 registered office at Plot No. 317, Kh. No. 108/317, Ground Floor, Lal Dora Village, Khera Kalan, New Delhi110082. The plaintiff's proprietorship concern is duly registered with General Goods and Services Act having GSTIN: 07FUXPS7509L2ZE. The plaintiff firm is duly registered with Ministry of Micro, Small and Medium Enterprises under Udyam scheme. The plaintiff firm is engaged in wholesale trading of Dairy products. It is mentioned that the defendant represented to be engaged in retail business of dairy products and ordered for supply of Ghee of various brands on credit basis for a period of five months. The defendant is sole proprietor of Shri Shyam Dairy having GSTIN 07ACVPL9927C2Z2 and involved in day to day activities of the said proprietorship concern. It is mentioned that in pursuance of the order given by the defendant, the plaintiff agreed to supply goods to the defendant on credit. The details of goods supplied are as under: Sl. No. Particulars of Invoices and Goods Amount 1. Tax Invoice No. 74 dated 16.07.2021 Rs. 6,41,003/ for supply of various brands of Ghee. 2. Total Rs. 6,41,000/ The said goods were duly supplied vide Tax invoice No. 74 dated 16.07.2021 and Eway bill and duly received by the defendant with acknowledgment on tax invoice. It is mentioned that after receipt of the above mentioned goods and after credit period, the defendant issued a cheque bearing No. 017578 dated 25.11.2021 drawn on Axis Bank having its branch at Avtar Enclave, New Delhi110063 in order to liquidate the entire legal liability of Rs. 6,41,000/ with assurance and representation that the cheque once presented would be duly honoured. Believing CS (Comm.) No. 380/2024 2 upon the promise and assurance of defendant, the plaintiff presented the said cheque with his banker namely ICICI Bank having its branch at 876/2, Main Road, Sant Nagar, Burari, New Delhi110084 for encashment but the said returned back vide returning memo dated 28.11.2021 with the remarks "Account closed". The plaintiff was forced to issue notice dated 18.12.2021 through his counsel under Section 138 of the N.I. Act and demanded payment of the cheque amount along with interest. The said notice was duly delivered to the defendant on 20.12.2021. The plaintiff has neither received any payment nor any response from the defendant even after elapse of more than 15 days from the date of receipt of notice. The plaintiff has filed complaint u/s 138 of NI Act which is pending before Ld. JMFC, Tis Hazari Courts, Delhi. The plaintiff approached Ld. Secretary, DLSA for Preinstitution Mediation. The defendant did not participate in the Mediation proceedings and nonstarter report was issued. As per plaintiff he is entitled to interest @ 18 per annum alongwith Rs. 1000/ as PreInstitution Mediation Fee. It is prayed by the plaintiff to pass a decree of Rs. 7,12,180/ in his favour and against the defendant. The plaintiff has also claimed pendentlite and future interest @ 18% per annum. 3. The defendant has filed written statement taking preliminary objections that the present suit is not maintainable. There is no cause of action to file the present suit. The plaintiff has not approached the court with clean hands. It is mentioned that the tax invoice No. 74 dated 16.07.2021 is self created document of the plaintiff and defendant has no concern with the said invoice. The present suit is not maintainable as plaintiff has CS (Comm.) No. 380/2024