Narender Kumar Shah v. M/S Sai Kripa Engineering Works

1. Costs imposed vide order dated 2.7.2014 stands waived.

2. Plaintiff has filed the present suit for recovery of Rs.27,70,389/- along with pendente lite and future interests. Counsel for the plaintiff submits that the original documents were produced before the Joint Registrar, which were seen and returned.

3. Summons were issued in the suit to the defendants on several dates. Defendant no.1 was served on 6.9.2011 and defendants no.2 and 3 were served by affixture on 7.8.2012. None appeared on behalf of the defendants despite service of summons, consequently defendants were proceeded ex parte vide order dated 7.3.2013.

4. Plaintiff, Mr. Narender Kumar Shah, has filed his affidavit by way of evidence and the same has been exhibited as Ex. PW-1/1. As per the evidence, the plaintiff is carrying on business of stainless steel, pipes, rounds, plates, sheets & pipe fitting in all sizes, shapes and grades. The 2014:DHC:3171 defendant no.1 is a partnership firm and defendants no.2 and 3 being the partners of defendant no. 1 were regular purchasers of the goods from the plaintiff.

5. PW-1 has deposed that the defendants have been purchasing the goods from the plaintiffs on cash and credit basis since 1.4.2007. Purchase orders have been exhibited as Ex.PW-1/A-1 to Ex.PW-1/A-3. The goods were supplied to the entire satisfaction of the defendant. He has also deposed that the plaintiff has been maintaining an open and running account in the name of the defendant firm in their regular course of business and as per the books of account of the plaintiff, a sum of Rs. 27,70,389/- (Rs. Twenty Seven Lacs Seventy Thousand Three Hundred and Eighty Nine Only) is outstanding against the defendant firm towards the goods supplied by the plaintiff. Copies of the ledger for the period from 2006-07, 2007-08 and 2008-09 showing the transactions between the parties and also showing outstanding balance of Rs. 27,70,389/-, have been exhibited as Ex. PW-1/B, Ex. PW-1/C and Ex. PW-1/D, respectively. Copies of balance sheet for the period from 2006-07, 2007- 08 and 2008-09 showing outstanding balance of Rs. 27,70,389/-, have been exhibited as Ex. PW-1/E, Ex. PW-1/F and Ex. PW-1/G, respectively. Copies of the Invoices for the period from 2006-07, 2007-08 and 2008-09 have been exhibited as Ex. PW-1/H-1 to Ex. PW-1/H-7, Ex. PW-1/I-1 to Ex. PW-1/I-18 and Ex. PW-1/J-1 to Ex. PW-1/J-3, respectively.

6. PW[1] has further deposed that he visited the office of the defendants on several occasions and requested them to clear the outstanding amount, but the defendants started giving false assurances and dates for making the payment with malafide intention to grab the money of the plaintiff.

7. PW[1] has also deposed that with no option left he sent a legal notice through his advocate on 13.08.2008 to the defendants at their addresses. He has also deposed that one registered notice was returned by one of the partners as “refused” and all other registered notices were not returned. Despite service of the notices the defendants did not give any reply to the same and also failed to clear the outstanding amount. Copy of the legal notice has been exhibited as Ex. PW-1/K. Four postal receipts have been exhibited as Ex. PW-1/L, Ex. PW-1/M, Ex. PW-1/N and Ex. PW-1/O. The returned envelope and A.D Card have been exhibited as Ex. PW-1/P and Ex. PW-1/Q.

8. PW[1] has next deposed that the defendants have failed to pay the principal outstanding amount of Rs. 27,70,389/- and interest @ 18% per annum accrued thereon till date, despite several demands and personal visits of the PW[1].

9. Heard counsel for the plaintiff and perused the documents filed along with affidavit by way of evidence. Evidence of plaintiff has gone unchallenged and un-rebutted. Taking into consideration the documents placed on record, including the purchase orders, invoices, ledgers and the balance sheets of the plaintiff, the present suit is decreed in favour of the plaintiff and against the defendant in the sum of Rs.27,70,389/- with pendente lite and future interest @12%.

10. Decree sheet be drawn up accordingly. G.S.SISTANI, J JULY 09, 2014 ssn