Delhi District Court M/S Overseas Kitchenware vs Madhav Stores on 12 January, 2023 IN THE COURT OF MS. NEHA GARG, CIVIL JUDGE01, CENTRAL DISTRICT, DELHI CNR No:DLCT030002132022 CS No.145/2022 M/s Overseas Kitchenware, 15A/28, W.E.A. Saraswati Marg, Karol Bagh, New Delhi110005 through its Partner/Authorised Representative Sh. Ajay Kumar .............. Plaintiff versus Madhav Stores Through its Authorised Signatory/Director/Partner/Proprietor Opp. K.R. Cinema, Merrut Road, Karnal, Haryana 132001. .........Defendant Date of institution of suit : 11.01.2022 Date on which reserved for judgment : 12.01.2023 Date of pronouncement of Judgment : 12.01.2023 SUIT FOR RECOVERY OF RS. 2,63,037/ ALONG WITH PENDENTELITE AND FUTURE INTEREST @ 18% PER ANNUM EXPARTE JUDGMENT: 1. The present suit has been filed for recovery of Rs.2,63,037/ along CS No. 145/2022 M/s Overseas Kitchenware vs. Madhav Stores Page 1 of 6 with pendente lite and future interest @ 18% per annum against the defendant. The brief facts as stated in the plaint are that the plaintiff is a partnership firm dealing in crockery and other ancillary related products. That resolution dated 09.10.2021 is passed in favour of Sh. Ajay Kumar authorising him to file and litigate the present suit. It is the case of plaintiff that defendant was in requirement of crockery and other related products which could be supplied by plaintiff. That upon getting to know that plaintiff deals in such products, defendant agreed to purchase the said goods from the plaintiff at mutually agreed terms and prices, with an arrangement that defendant shall provide cheques at the time of placing the orders with plaintiffs. That thereafter the defendant came to the plaintiff's office selected the products which he wanted and placed the orders. That defendant started purchasing the goods from the plaintiff which were duly invoiced and payment were being made by the defendant as per the arrangements made between the defendant and plaintiff. That the aforesaid orders/arrangements were placed by defendant and the same were honored on various occasions. That defendant made payments but payments started getting irregular since past months and the cheques issued by defendant started dishonoring. That the total outstanding amount on defendant is Rs. 2,63,037/. That representative of plaintiff approached defendant and demanded dues against the said goods delivered but defendant that always promised to pay the amounts in due course to the account of plaintiff. That defendant avoided making the payments on one pretext or the other. That in order to show his bonafide, defendant acknowledged the dues and signed the ledger/balance pending CS No. 145/2022 M/s Overseas Kitchenware vs. Madhav Stores Page 2 of 6 between the plaintiff and the defendant and promised to pay the same at the earliest but the defendant did not keep his promise and failed to make the payment. That therefore plaintiff left with no other option got issued the legal notice dated 21.03.2021 to the defendant. That despite receipt of aforesaid legal notice, defendant has not not paid the outstanding amount till date. Hence the present suit. 2. Summons of the suit were issued to the defendant and the defendant was duly served with the summons through e modes on 30.07.2022. However, despite service none has appeared on behalf of defendant and therefore the right of the defendant to file WS was closed and defendant was proceeded exparte vide order dated 17.10.2022. 3. Thereafter, exparte evidence was led on behalf of plaintiff and the AR of plaintiff Sh. Ajay Kumar Gupta has been examined as PW1. PW1 tendered evidence by way of affidavit Ex.PW1/A. PW1 relied upon the following documents: Ex.PW1/1 : Resolution dated 09.10.2021. Ex.PW1/2 : Bills. Ex.PW1/3 : Acknowledged ledger. Ex.PW1/4 : Office copy of legal notice dated 21.03.2021. Ex.PW1/5 : Registered post, postal receipts Ex.PW1/6 : Certificate u/S 65 B of Indian Evidence Act, which is Thereafter, Exparte PE was closed upon separate statement of director of the plaintiff company. Thereafter the matter was listed for CS No. 145/2022 M/s Overseas Kitchenware vs. Madhav Stores Page 3 of 6 Exparte final arguments. 4. Exparte final arguments advanced by Ld. Junior Counsel for the plaintiff were heard. Case file perused. 5. The present suit has been filed for recovery of balance due at the foot of a running, open and nonmutual account As per St