1. M/s Ava Apparels LLP Through its Designated Partners Regd. Office at: A35/2, Mayapuri Industrial Area, PhI, New Delhi 110064 2. Sh. Rattan Lal Aggarwal R/o Engineers Enclave, Pitampura, Delhi 110034 3. Sh. Pawan Kumar Chowdhary R/o D292, 2nd Floor, Defence Colony, New Delhi 110024 CS (COMM.) No. 981/2024 M/s. Cotton Concept (India) Pvt Ltd. Vs M/s. AVA Apparels LLP & Ors Page No.1 of 14 4.Sh. Atul Sharma R/o A35/2, Mayapuri Industrial Area, PhI, New Delhi 110064 5. Sh. Vinod Kumar Aggarwal R/o 11, Raja Enclave, Cooperative Society, Road No. 44, Pitampura, Delhi 110034 .......Defendants Date of Institution : 16112024 Date of hearing of arguments : 19072025 Date of decision : 21072025 Ld. Counsel for plaintiff Sh Navneet Thakran JUDGMENT 1. This is a suit Under Order XXXVII of Code of Civil Procedure, 1908 for recovery of Rs. 20,59,158.53 alongwith pendentelite and future interest @ 18% per annum on the basis of the original invoices (written contract), eway thereof and ledger account maintained by the plaintiff. The dispute between the parties is a 'commercial dispute' within the definition of Section 2 (1) (c) of the Commercial Courts Act, 2015. Prelitigation mediation between the parties remained unsuccessful vide a NonStarter Report dated 25072024 issued by the concerned West District Legal Services Authority. 2. Vide order sheet dated 03042025, it was observed that summons CS (COMM.) No. 981/2024 M/s. Cotton Concept (India) Pvt Ltd. Vs M/s. AVA Apparels LLP & Ors Page No.2 of 14 for appearance under order XXXVII 2 (2) CPC issued to defendant no. 3 in the ordinary course was received with the report "summons taken by son namely Puneet on 24122024", vide which order defendant no. 3 was deemed to be served. Order dated 20052025 reveals that defendant nos. 1, 2 & 4 were served with the summons for appearance under Order XXXVII 2 (2) CPC through email on 27.04.2025, whereas defendant nos. 2, 4 and 5 were served with the summons for appearance through whatsapp on their given mobile numbers on 27.04.2025 but inspite of their service on the aforesaid dates by said modes, the defendants had not put in appearance within the statutory period of 10 days from the date of their respective service of said summons. 3. Since defendants did not put appearance despite receipt of summons, as were required U/o XXXVII (2) (3) CPC, under which provision where defendants fails to cause appearance within the stipulated period, the defendants cannot defend the suit. 4. It is claimed by the plaintiff that it is a company registered under the provisions of the Companies Act, having its registered office at 21, Ansari Road, Darya Ganj, New Delhi 110002, also registered as 'enterprise' under clause 'e' of Section 2 of the Micro, Small and Medium Enterprises Development Act, 2006 and engaged in the business of manufacturing of textile, wearing apparel, knitted and crocheted fabrics, etc in the name and style of CS (COMM.) No. 981/2024 M/s. Cotton Concept (India) Pvt Ltd. Vs M/s. AVA Apparels LLP & Ors Page No.3 of 14 "M/s Cotton Concepts (India) Pvt. Ltd.". It is further claimed that the present suit is filed by Sh. Rajeev Kaushik, Accountant of the plaintiff, who is also the authorized representative of the plaintiff. 5. It is further the case of the plaintiff that in the month of February, 2016, defendant no. 1 who is a manufacturer of wearing apparel, dressing and dying of furs etc, through its partners (defendant nos. 2 to 5 ) had approached the plaintiff company and shown interest in buying goods from it and since then the parties were doing business and having a running account. 6. It is furthe