M/s Remso Control Technologies Pvt Ltd. D157, Road No. 24, Greater Noida Export Promotion, Industrial Park, Kasna, Greater Noida, Gautam Budh Nagar, UP201310 Through its Managing Director. ...Defendant Date of Institution : 13.05.2025 Date of Arguments : 06.02.2026 Date of Judgment : 07.02.2026 Suit for recovery of Rs.8,95,668/. JUDGMENT 1. Vide this judgment I am deciding the suit for CS(COMM) 394/2025 APS Oberoi Vs M/s Remso Control Tech. Pvt. Ltd. Page No. 1 of 24 recovery of Rs. 8,95,668/ filed by the plaintiff against the defendant. 2. In the plaint, it is mentioned that plaintiff has complied with the provisions of Section 12A of the Commercial Courts Act, 2015 by way of filing a PreInstitution Mediation application before the West District Legal Services Authority, Tis Hazari Courts, Delhi. Despite service of notice issued by the Mediation Centre on the defendant, none appeared on behalf of the defendant and a Non Starter Report dated 04.02.2025 was issued by the Ld. Secretary, DLSA (West). 3. The plaintiff is the proprietor of plaintiff firm and registered under MSME. The plaintiff is engaged in the business of manufacturing and sale of hydraulic machines/cylinders and other such hydraulic associated items and also registered under GST. The defendant is a private limited company dealing in the business of different types of engineering products interalia wherein hydraulic cylinders are used. The defendant had come in contact with the plaintiff in December 2021 and had taken consultancy on hydraulic components and systems. The defendant had also purchased hydraulic components from the plaintiff and made payment thereof. The defendant had also purchased hydraulic cylinders and power pack from market and tried to get them repaired but could not get them repaired. Thereafter, the defendant contacted the plaintiff for the said job. Accordingly, as per the job requirement, quotation was sent to the defendant vide quotation no. HAQ/RCTPL/2223 dated 02.07.2022. The defendant asked for details of costing and break CS(COMM) 394/2025 APS Oberoi Vs M/s Remso Control Tech. Pvt. Ltd. Page No. 2 of 24 up which was also given to him. After going through the quotation, the defendant had telephonically asked the plaintiff to supply the materials and also get the job works completed on urgent basis. Accordingly, the plaintiff supplied the required hydraulic materials to the defendant and also completed the job works. The material was supplied after approval and the present suit pertains to the sale/supply of certain specific items related to hydraulic cylinders and job works completed and non payment thereof. The details of hydraulic material supplied and job works completed to which outstanding payment was not made, is as under: Sl. No. Invoice No. Date Amount 1. 387 15.07.2022 Rs.1,50,223/ 2. J50 15.07.2022 Rs.58,240/ 3. 418 22.07.2022 Rs.4,33,355/ 4. 421 25.07.2022 Rs.4,543/ 4. It is further mentioned that part payment of invoice no.387 was adjusted with the payment made earlier by the defendant and only a sum of Rs.50,233/ is due towards the plaintiff against the invoice no. 387. The defendant has not made payment of remaining invoices and a total sum of Rs.5,46,361/ is due against the defendant as a principal amount. It is also mentioned that the material supplied through the invoice no. 387 dated 15.07.2022 was transported vide eway bill no. 7612 7154 7455 to the defendant company through vehicle no. DL01LY 1625. Similarly, the material supplied through the invoice no. 418 dated 22.07.2022 was transported vide eway bill no. 7512 7296 2740 through vehicle no. DL01LV 1837. The GST levied on the sale of said materials and job work done was also CS(COMM) 394/2025 APS Oberoi Vs M/s Remso Control Tech. Pvt. Ltd. Page No. 3 of 24 deposited by the plaintiff with the Sales Tax Department. The plaintiff