Delhi District Court Ankur Jain vs Mohit Wadhwa on 10 November, 2025 IN THE COURT OF SANJEEV KUMAR MALHOTRA DISTRICT JUDGE (COMMERCIAL COURT)08: CENTRAL: TIS HAZARI COURTS:DELHI CS (COMM.) 415/2025 CNR No.DLCT010054132025 Sh. Ankur Jain Proprietor of M/s Shree Chand Trading Co. Office at:C2/2, Zakhira Rohtak Road, Amar Park, Zakhira, Delhi110035. ....Plaintiff Vs Shri Mohit Wadhwa Proprietor of M/s R. M. Ispat R/o KH93, Kavi Nagar, 2nd Floor, Flat No.1A, Ghaziabad, Uttar Pradesh .....Defendant Date of Institution : 14.04.2025 Date of Arguments : 15.10.2025 Date of Judgment : 10.11.2025 JUDGMENT 1. This is a commercial suit for recovery of Rs.52,21,306/ (Rupees Fifty Two Lac Twenty One Thousand Three Hundred and Six Only) alongwith pendente lite and future interest @18% per annum, as filed by plaintiff against the defendant. 2. In brief, facts of the case as made out in the plaint are that plaintiff being the sole proprietor of his firm M/s Shree Chand Trading Co., deals in all kinds of scrap such as iron material, ferrous and non ferrous metal scrap, PVC and Fiber Sheets scrap etc. having valuable goodwill and CS (Comm.) 415/2025 Sh. Ankur Jain vs. Sh. Mohit Wadhwa Page 1 of 11 reputation in the market. The defendant is one of the customer of plaintiff and approached the plaintiff for purchasing goods and also provided the details as well as GST number of his proprietorship firm to the plaintiff. 3. It is case of the plaintiff that the defendant has clearly stated to the plaintiff that as a proprietor to his firm, he is fully responsible and liable for day to day activity of business and also agreed to make the payment of invoice within the period of seven days and also admitted that if there is any delay in the payment, he shall be liable to pay interest @ 18% per annum. 4. It is further case of the plaintiff that plaintiff supplied material to the defendant from time to time under various invoices and the defendant initially made payment against invoices as per his promise, but after some time, the defendant started lingering the payment of invoice amount and a sum of Rs.32,02,066.63 paise is outstanding against the defendant. It is averred that after great persuasion, the defendant issued several cheques in discharge of his part liability, details of which are as under: Cheque no. Dated Amount (in Rs.) Payable at 001025 10.03.2022 Rs.4,50,000/ The Karur Vysya Bank Ltd. 001026 03.03.2022 Rs.4,50,000/ do 001027 15.03.2022 Rs.4,50,000/ do 001028 21.03.2022 Rs.4,50,000/ do 001029 28.03.2022 Rs.4,50,000/ do 001031 24.02.2022 Rs.2,50,000/ do Total amount Rs.25,00,000/ CS (Comm.) 415/2025 Sh. Ankur Jain vs. Sh. Mohit Wadhwa Page 2 of 11 5. It is further case of the plaintiff that defendant also assured to pay the remaining outstanding amount and interest after some time. Thereafter, on believing the assurance of the defendant, plaintiff presented the abovesaid all cheques for encashment with his banker Yes Bank Ltd., New Rohtak Road, Delhi, but same were returned with remarks "Exceeds Arrangement" and lastly the cheque no.001026 and 001031 were returned on 02.05.2022. It is stated that the plaintiff apprised about dishonouring of cheques to the defendant, but the defendant showed his inability to make the payment. Thereafter, plaintiff got issued legal notice dated 04.05.2022 and 05.05.2022 to the defendant, but despite service of same, the defendant never replied the legal notice. 6. It is averred that defendant is liable to pay the plaintiff a sum of Rs.52,21,306/ (Rs.32,02,066.63 paise Principal amount and Rs.20,19,240/ interest @ 18 % per annum from 28.10.2021 to 29.03.2025). Plaintiff also filed an application for preinstitution mediation before DLSA, Central and a NonStarter Report was issued on 02.09.2024. 7. Perusal of record shows that the defendant did not file written