Delhi District Court T. T. Ltd vs Sjlt Spinning Mills (P) Ltd on 7 March, 2014 IN THE COURT OF MS. SNIGDHA SARVARIA:LD CIVIL JUDGE: (CENTRAL)­05:TIS HAZARI COURTS:DELHI Suit no. 633/2012 In the matter of T. T. Ltd having its regd. Office at: 879, Master Prithvi Nath Marg, Opp. Ajmal Khan Park Karol Bagh, New Delhi­110005 Through its AR Sh. Prabhu Singh .........................Plaintiff VERSUS SJLT Spinning Mills (p) Ltd. Through its Managing Director N.H.7, Namakkal­ Narur Road, Paramathi, P.O. Valur TK Namakkal, Tamilnadu ............................ Defendant Date of Institution: 08.11.2012 Date of Reserving for Judgment: 11.02.2014 Date of Judgment : 07.03.2014 SUIT FOR RECOVERY OF RS.82,232/­ EXPARTE JUDGMENT:­ 1. Vide this judgment, I shall dispose of the suit for recovery of Rs.82,232/­ filed by the plaintiff against the defendant. 2. Brief facts of the case as per the plaintiff are that the plaintiff is the limited company duly incorporated under the provision of the Suit No. 633/2012 Page No. 1 of 6 companies Act 1956 having its registered/Head Office at 879, Master Prithvi Nath Marg, Karol Bagh, New Delh­110005. The Plaintiff company carrying on the business of manufacturing and supplying of fabrics, hosiery goods and cotton yarn etc. at the above said address. The present suit is being filed through its duly authorised representative Sh. Prabhu Singh, who is the duly authorised and competent to file this suit on the strength of the th resolution dated 29 January, 2011 passed by the Board of Director of the plaintiff company in his favour. Even otherwise, he is well acquainted and conversant with the facts and circumstances of the present case. It is further submitted that the defendant through its Managing Director approached the plaintiff company at Delhi and requested for supply of cotton Bales etc. on Credit basis and assured to plaintiff that the payment of the supplied goods would be made through cheques, which will be honoured on presentation. After considering the representation and assurances to be true, plaintiff had supplied the goods time to time as per defendants requirement and same were duly received by defendants well in order. All the goods were dispatched in defendant company name SLJT Spinning Mills (p) Ltd. and invoices and delivery challans were raised in the name of the said Suit No. 633/2012 Page No. 2 of 6 company and same were duly received and acknowledged by defendant through its representatives' alongwith goods. It is further submitted that as per the statement of running account maintained by the plaintiff company during its course of business, it had supplied the goods time to time details of which are mentioned in the same statement of account and during the period, whatever on account payments made by the defendant through cheques are reflected on the statement of accounts as credit amount and the amount of the invoices are reflected as debit st amount in the said statement. On 31 March, 2008 the total outstanding against the defendants was Rs.45,229/­ as per the books of accounts of plaintiff company, for which th plaintiff company requested the defendants to release the payment. But defendant continued to evading and neglecting the payment of the plaintiff with one false pretext or the other with some ulterior purpose and motive. Being compelled by the circumstances plaintiff company issued the legal notice dt. 12.11.2011, thereby called upon the defendant to pay Rs.82232/­ i.e. Rs.45229/­ towards debit balance alongwith interest of 18% from 31st March 2008 through regd. AD. As per the statement of running account duly kept and maintained by the plaintiff company, defendant is Suit No. 633/2012 Page No. 3 of 6 liable to make the payment of Rs.82232/­ i.e. Rs.45229/­ towards Debit balance pending against the defendant plus Rs.37003/­ as the interest thereon @18% calculated from 31st March, 2008 alongwith pend