Delhi District Court M/S. Sona Papers Private Limited vs M/S. Onyx Advertising Print Production on 8 March, 2021 IN THE COURT OF SHRI NARESH KUMAR LAKA ADDITIONAL DISTRICT JUDGE 03, SOUTH EAST, SAKET COURTS, NEW DELHI CS No. 223/20 IN THE MATTER OF : M/S. SONA PAPERS PRIVATE LIMITED (THROUGH ITS AR MR. AMBRISH MISHRA) REGISTERED OFFICE AT : B­247, OKHLA INDUSTRIAL AREA, PHASE­1, NEW DELHI­110020. ........ PLAINTIFF VERSUS 1. M/S. ONYX ADVERTISING PRINT PRODUCTION (THROUGH ITS PARTNER MR. PRADEEP V HERUR) 2. MR. PRADEEP V HERUR (PARTNER OF M/S. ONYX ADVERTISING PRINT PRODUCTION) BOTH O/o #143/16, 4TH MAIN, INDUSTRIAL TOWN, RAJAJI NAGAR, BENGALURI­560044. .........DEFENDANTS Date of Institution : 06.03.2020 Final arguments concluded : 08.03.2021 Date of decision : 08.03.2021 Result : Decreed CS No. 223/20 Page No. 1 of 4 SUIT FOR RECOVERY J U D G M E N T (EX­PARTE) Suit in brief The plaintiff claimed that it is engaged in the business of distributor of fine papers, recycled papers and technologically advanced dry gray board in the Indian and overseas market. It is stated that the defendant no.1 (acting through defendant no.2) approached plaintiff for the purpose of purchasing high quality paper and placed numerous purchase orders and same were supplied vide consignments as per invoices issued from time to time. It is further stated that the defendants were in practice of making payments in round figures and not in accordance with invoice amount. The defendants placed several orders vide invoices No.BLRSTII7/4000326, BLRSTII7/4000753, BLRSTII7/4000777, BLRSTII7/4000892 and the said consignment were delivered to the defendants. However, it is stated that against the balance pending amount of Rs.13,04,192, the defendants made part payments and gave three cheques which were dishonoured. Resultantly, the amount of Rs.9,34,192 was outstanding till the end of the year 2017 and on various requests through e­mail, further part payments of Rs.1,30,000, 1,39,450 and Rs.1,00,000 were made to the plaintiff by the defendant and time was sought to make the remaining payment by the defendants. However, despite repeated requests/demands and the legal notice dated 22.11.2019, defendants failed to pay the CS No. 223/20 Page No. 2 of 4 outstanding amount. Hence, the present suit. 2. Various summons for settlement of issues were issued by this court to the defendants but the defendants could not be served by ordinary process. Ultimately, the defendants were served by way of e­mail/ WhatsApp which was stated as due service. Even Sh./ Abhinav Gupta, counsel for the defendant appeared on 07.10.2020 and 17.12.2020, but despite availing opportunities, defendants did not file WS and when no one appeared on behalf of the defendants, they were proceeded ex­parte vide order dated 29.01.2021. 3. I have heard arguments from Learned counsel for plaintiff as per Order 8 Rule 10 CPC. The plaintiff has filed various material documents i.e. certified copies of the tax invoices, copy of the cheques, certified copy of the general ledger, various e­mails exchanged between plaintiff and defendants, copy of legal notice dated 22.11.2019 and speed post office receipts along with internet tracking reports. 4. In the absence of any defence/WS of the defendants, there is noting on record to disbelieve the case of the plaintiff which is based on documentary evidence. The entire documentary evidence placed on record remained unchallenged and uncontroverted as defendants did not file WS. 5. In view of the aforesaid facts, the suit of the plaintiff is CS No. 223/20 Page No. 3 of 4 decreed for recovery of Rs.5,64,742 (Rupees Five Lac Sixty Four Thousand Seven Hundred Forty Two only) and Rs.3,51,763 (Rupees three lakh fifty one thousand seven hundred sixty three only) in favour of plaintiff and against the defendants. 6. The plaintiff is also entitled for award of a reasonable interest. Accordingly, the plaintiff is awarded interest as claimed for the period prior to filing of the suit. It is also awarded interest @ 12% per annum on the total amount from the date of filing of the suit till the date of realization of the amount. Cost of suit is also awarded to plaintiff as per rules. Decree sheet be drawn accordingly. File be consigned to record room after due compliance. Announced & dictated