Manjeet Singh Narang Proprietor M/s Foot N Style 2349, Beadon Pura, Karol Bagh, New Delhi110005 Also At : S8, Pratap Chamber Gali No.12, Beadon Pura, Karol Bagh, New Delhi110005. ...........Defendant Date of Institution : 05.01.2024 Date of Final Arguments : 11.11.2024 Date of Judgment : 11.11.2024 Decision : Decreed Judgment 1. This suit is filed by plaintiff company for revocery of Rs.11,57,144/ alongwith interest @18% per annum as unpaid dues of goods sold. Case of the Plaintiff 2. Case of the plaintiff as per plaint and the documents filed is that it is a duly incorporated company at Rama Road, Delhi and is trader of different types of shoes and footwear. Defendant, who is said to be proprietor of M/s Foot and Style at Karol Bagh, Delhi, approached the plaintiff for purchase of shoes. In the course of business goods were sold and supplied through GST paid invoices and eway bills. Plaint is silent as to when the business started between the parties and when was the last sale carried out. Plaint is also silent as to what was the CS Comm No.36/2024 page 1 M/s Madhav Life Style Pvt. Ltd. Vs. Manjeet Singh Narang value of total goods sold and how much part payment was received. All that is stated is that plaintiff was maintaining a ledger and there was a debit balance of Rs.10,26,292/. It is pleaded that last payment of Rs.25,000/ was made on 15.07.2023. Plaintiff issued a legal notice on 11.07.2023 which was replied by the defendant on 21.07.2023 where he denied his liability to pay up. Plaintiff applied 18% interest on unpaid amount. Plaintiff approached Central, DLSA under Section 12A of Commercial Courts Act, 2015 where defendant did not participate and NonStarter Report dated 11.12.2023 was issued. In this backdrop suit in hand was filed for following reliefs: Prayer: i. Pass a decree in the sum of Rs.11,57,144/ in favour of plaintiff and against the defendant. ii. Award the pendente lite and future interest @18% per annum on the amount of Rs.10,26,292/ and also from the due date of the respective tax invoices till its actual realization in favour of the plaintiff company and against the defendant. iii. Cost of the suit may also be awarded in favour of the plaintiff and against the defendant. 3. Summons of the suit was served upon the defendant and defendant entered appearnce through Sh. Suresh Kumar, Advocate on 07.03.2024 followed by filing of Written Statement. The delay in filing of the Written Statement was condoned by Ld. Predecessor on 18.04.2024. Defendant's Case 4. Case of the defendant as per WS and the documents filed is that the suit is liable to be dismissed as plaintiff has not approached this Court with clean hands and has suppressed material facts. Objection is taken that plaintiff has not filed any purchase order of the defendant. As per defendant he closed his business in September 2023 due to losses. It is pleaded that no material was supplied by the plaintiff as claimed under invoices dated 28.03.2023, 30.03.2023 and 31.03.2023. It is pleaded that these documents and the related eway bills are false and fabricated. Objection qua territorial jurisdiction was also taken. CS Comm No.36/2024 page 2 M/s Madhav Life Style Pvt. Ltd. Vs. Manjeet Singh Narang 5. In his reply on merits, defendant has not denied that plaintiff is a company engaged in trading of shoes. Defendant reiterates that he neither ordered nor received any material from the plaintiff under above referred three invoices. He has denied that plaintiff is maintaining a ledger, however defendant submits that he had given three security cheques as advance payment of Rs.25,000/ each. Even though no material was supplied plaintiff encashed all the three cheques worth Rs.75,000/ despite the fa