Delhi District Court M/S Traveller India International vs Ishwari Shoes Agencies on 16 July, 2022 1 IN THE COURT OF SH. GURDEEP SINGH DISTRICT JUDGE (COMMERCIAL COURT) NORTH WEST DISTRICT, ROHINI COURTS, DELHI. In the matter of: CNR No. : DLNW010065712018 CS(Comm.) No. : 333/2022 1. M/s Traveller India International Through Its Prop/ Partner Sh. Tarun Gupta Address : SE21, Ground Floor Singal Pur, Gurudwara Road Shalimar Bagh Delhi 110 088 ...............Plaintiff VERSUS 1. Ishwari Shoes Agencies Through its proprietor/ partner's Sh. Prakash Gunani Shop NO.1 & 2, Swarnkar Market Behind Nagar Nigam Jodhpur 342001, Rajasthan ..................Defendant Date of Institution : 07062018 Date of transfer to this court : 07102020 Date of reserving order : 04062022 Date of pronounced of order : 16072022 JUDGMENT 1. Vide this judgment, I shall decide the present suit for recovery of Rs.16,17,826/ alongwith pendente lite and future interest filed by plaintiff against the defendant. 2. The case of the plaintiff as set out in the plaint is that plaintiff is a proprietor of M/s Traveller (India) International and engaged in the business of manufacturing and trading in all kinds of footwear items. The defendant CS (Comm.) No.: 333/2022 Page 1 of 12 2 has been purchasing footwear items from plaintiff since 2014 on credit as well as on cash basis, against the bills raised by plaintiff. Further, it is averred that the plaintiff maintains a running, mutual and current account for the purchases made by the defendant as well as payment on account from time to time. It is stated that plaintiff lastly supplied the goods to defendant vide invoice no. TII0239 dated 24122015 and thereafter there has been no transaction between the defendant and the plaintiff. Further, as per ledger account, Rs.1617826/ is due, outstanding and payable by defendant till date against the goods supplied by plaintiff to the defendant. Despite several requests and reminders, the defendant did not pay the outstanding amount and hence the suit is filed. 3. Summons of the suit was issued to defendant. The defendant contested the suit and filed written statement claiming inter alia that plaintiff has filed false and fabricated statement of account and alleged amount is neither due nor payable by the defendant. It is stated that during business transaction, the plaintiff sent defective goods to the defendant and the defendant returned the said defective goods to the plaintiff amounting to Rs.2,77,308/, the said amount is still due upon the plaintiff and plaintiff has neither paid the said amount nor sent the correct goods to the defendant till date despite the fact that the plaintiff has taken the entire supplied goods amount from the defendant. Further it is stated that plaintiff has also assured to the defendant that plaintiff shall give the 10% discount on the total order but the plaintiff also not given the said CS (Comm.) No.: 333/2022 Page 2 of 12 3 10% discount to the defendant. During the entire business transaction plaintiff supplied total order / goods of Rs.3892826/ to the defendant and discount amount on the total goods amount becomes Rs.389282/ which is also due upon plaintiff. 4. Replication to the written statement has also been filed by plaintiff controverting the averment made in the written statement and reiterating the contents of the plaint. 5. It is pertinent to mention here that suit was filed on 05062018 where short span of passing of Commercial Courts Act, 2015 and therefore affidavit of admission/ denial was not filed and admission/ denial of documents was also not done. 6. Vide order dated 17.12.2018, following issues were framed : (i.) Whether the plaintiff is entitled to the recovery of the suit amount ? O.P.P. (ii.) Whether the plaintiff is entitled to a