Prashant Gupta, Proprietor of M/s Suntex Cable Industries Plot No.2227, Street No.6, Baba Gajja Jain Colony, Moti Nagar, Ludhiana, Punjab 141008 Also at House No.2227, Street No.32, Ludhiana, Punjab 141010 Mob. No.8749000001, 9872402227 Email: [email protected] .... Defendant Date of Institution :24.08.2023 Date of final arguments :09.06.2025 Date of conclusion :27.08.2025 JUDGMENT 1. This is a suit filed against the defendant for recovery of Rs.11,28,762/ along with pendente lite interest @ 18% per Digitally signed by KIRAN KIRAN BANSAL Date: BANSAL 2025.08.27 13:05:54 +0530 CIVIL SUIT (COMM) NO. 434/2023 SANJEEV AGGARWALVS. PRASHANT GUPTA PAGE NO.1 OF 44 annum on the decretal amount from the date of filing of suit till its realization. 2. Briefly stated the facts of the case are that plaintiff is proprietor of M/s P.S. Polymers working as Manufacturer and Dealer of PVC compounds and plastic granules having its factory at Shahdara, Delhi. Defendant approached the plaintiff and represented himself as proprietor of M/s Suntex Cables Industries and showed his willingness to purchase the goods and thereafter, defendant started purchasing the goods on credit basis and plaintiff timely supplied the same as per satisfaction and order of defendant from his factory situated at Shahdara District. As per books of accounts/ledger maintained by plaintiff in ordinary course of business of financial year 01.04.2020 to 31.03.2021, an amount of Rs.15,28,762/ was due and payable by defendant for supply of goods by the plaintiff. 2.1 Plaintiff requested many times to defendant to make payment, but, he failed to heed the requests and kept on delaying the payment on one pretext or other. A legal notice dated 07.01.2020 was served upon the defendant to pay the outstanding amount of Rs.15,28,762/, but, the said notice was neither complied nor replied by him. Plaintiff has complied the provisions of Commercial Courts Act, 2015 and instituted pre suit mediation, but, defendant did not participate in the same and non starter dated 23.02.2021 was issued. Plaintiff stated that to show his bona fide, defendant had made total payment of Rs.4,00,000/ on 07.01.2022, 03.03.2022 and 05.04.2022 and subsequently the outstanding amount is Rs.11,28,762/ (i.e.Rs.15,28,762Rs.4,00,000) payable by the defendant. Again, legal notice dated 12.12.2022 was served upon the defendant to Digitally signed by KIRAN KIRAN BANSAL BANSAL Date: 2025.08.27 13:06:01 +0530 CIVIL SUIT (COMM) NO. 434/2023 SANJEEV AGGARWALVS. PRASHANT GUPTA PAGE NO.2 OF 44 pay the outstanding amount of Rs.11,28,762/, but, the same was neither complied nor replied by him. Plaintiff filed pre institution mediation, but, the same got failed and nonstarter report dated 26.04.2023 was issued. The cause of action arose in favour of plaintiff and against the defendant as despite service of legal notice, the defendant has not made payment and the cause of action is stated to be still continuing. Further, it is stated that the valuation for the purpose of court fee and jurisdiction is fixed at Rs.11,28,762/ on which requisite ad valorem court fee of Rs.13,400/ has been paid. Plaintiff stated that present suit is filed within limitation