Allowed

M/S Triveni Impex Pvt. Ltd. v. M/S Thandi Ram Jai Narain & Anr.

Delhi HC2 Feb 2024CS(COMM)/368/2021

Case brief

AI extract

What is this about?

In a commercial suit for recovery, the court found the plaintiff had successfully proved supply of goods via exhibited invoices and a statement of account reflecting an outstanding balance. Lenient towards the plaintiff as the defendant failed to disprove the case or show payment. The court decreed the suit in favor of the plaintiff.

What did the court decide?

Suit decreed for Rs.2,53,75,224/-; interest from 31.03.2019 till filing at 18% and thereafter at 12%; costs of Rs.75,000/- granted.

M/S Triveni Impex Pvt. Ltd. Vs M/S Thandi Ram… — Contract and Commercial Disputes | Delhi HC (2024)

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$~10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 368/2021 M/S TRIVENI IMPEX PVT. LTD ..... Plaintiff

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Through: Mr. Neeraj Gupta, Adv. versus M/S THANDI RAM JAI NARAIN & ANR.

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..... Defendant

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Through:

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R

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% 02.02.2024

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This is a Commercial Suit under Section 2(1)(C) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance Act, 2015 seeking recovery of Rs 3,56,52,099/along with pendentelite and future interest.

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The plaintiff is a Private Limited Company and registered under the Provisions of Companies Act, 2013 having its registered office at Netaji Subhash Chandra Place, New Delhi.

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The plaintiff company is engaged in the business of manufacturing and supplying of spices, dry fruits, gambier seeds, betel nuts, pan parag pan masala, rice bran oil, pet bottle preforms, and cattle feed.

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It is stated that the plaintiff has great good will and reputation in the market. The present suit has been filed by the Authorised Representative/CEO Sh. Amit Kumar Pansari, who is duly competent and authorized in this regard by the Board Resolution dated 09.02.2021.

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The plaintiff invoked pre litigation mediation which was closed as non starter.

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The certificate of non starter report is exhibited as PW-1/3.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:29:46

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The defendant No.1 is the partnership firm and defendant No. 2 is the partner of defendant No.1 having their office at the address mentioned in the memo of parties.

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The defendant No. 2 on behalf of defendant No. 1 approached the plaintiff and requested him to supply goods from time to time against consideration. The defendants had assured the plaintiff for timely payments against the goods.

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That acting upon the request of timely payment, the plaintiff supplied goods to the defendant.

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The goods were supplied by the plaintiff through regular invoices .

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The right to file the written statement of the defendant was closed by the order dated 01.06.2022 of the learned Joint Registrar. The defendant filed an application seeking recall of the order dated 01.06.2022 which was also dismissed on 16.09.2022.

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The plaintiff entered the witness box on 17.03.2023 and tendered his examination in chief.

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He was cross examined by the defendant on 23.08.2023. On 17.03.2023, plaintiff tendered his affidavit which is exhibited as PW-1/24 and the documents were also exhibited on the said date as under:-

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Serial	Exhibited	Exhibited No.
No.	as
1	PW-1/1	Certificate Incorporation	of
2	PW-1/2	Board of Resolut	ion
3	PW-1/3	Certificate of starter report	non-
4	PW-1/4	The statemen _account for the _ of 01.04.201	t of period 5 to

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:29:46

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		31.03.2016
5	PW-1/5	The Statement of account for the period of 01.04.2016to 31.03.2017
6	PW-1/6	The Statement of account for the period of 01.04.2018 to 31.03.2019
7	PW-1/7	The Statement of account for the period of 01.04.2019 to 31.03.2020
8	PW-1/8	The Statement of account for the period of 01.04.2020 to 31.03.2021
9	PW-1/9	The Invoice no. TIPL/T1434/1718 DATED 08.11.2017
10	PW-1/10	The Invoice no. TIPL/T1436/1718 DATED 08.11.2017
11	PW-1/11	The Invoice no. TIPL/TI272/1819 DATED 19.05.2018
12	PW-1/12	The Invoice no. TIPL/TI281/1819 DATED 21.05.2018
13	PW-1/13	The Invoice no. TIPL/TI299/1819 DATED 24.05.2018
14	PW-1/14	The Invoice no. TIPL/TI4326/1819 DATED 30.05.2018
15	PW-1/15	The Invoice no. TIPL/TI386/1819 DATED

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		08.06.20r8
16	PW-1/16	The Invoice no. TIPL/TII100/1819 DATED 12.10.2018
17	PW-1/17	The Invoice no. TIPL/TI1107/1819 DATED 13.10.2018
18	PW-1/18	The Invoice no. TIPL/TI1346/1819 DATED 01.11.2018
19	PW-1/19	The Invoice no. TIPL/TI1357/1819 DATED 02.11.2018
20	PW-1/20	The Invoice no. TIPL/TI1587/1819 DATED 30.11.2018
21	PW-1/21	The Invoice no. TIPL/T11625/1819 Dated 06.12.2018
22	PW-1/22	Invoice no. TIPL/TI1626/1819 DATED 06.12.2018
23	PW-1/23	The Invoice no. TIPL/TI1632/1819 DATED 08.12.2018
24	PW-1/24	The declaration by way of affidavit in compliance with order XI rule 6(3) CPC

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I have gone through the cross examination and the defendant has not been able to discredit or disprove the case set up by the plaintiff.

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The plaintiff in the present case has successfully proved that the plaintiff supplied goods as per the invoices exhibit PW-1/9 to 23 to the defendant.

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The plaintiff was not paid for the goods received, consumed and utilized by the defendant and the statement of account shows an outstanding balance of Rs. 2,53,75,224/- as on 30.03.2019. The statements of accounts have been exhibited as exhibit PW1/4 to exhibit PW1/8.

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There is no document filed by the defendant to show that the said claim of the petitioner is incorrect or that the amount had been paid by the defendant. The defendants have also not been able to show that the goods have not been received by them.

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For the said reasons, the suit of the plaintiff is decreed for a sum of Rs.2,53,75,224/-.

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The plaintiff is entitled to interest from 31.03.2019 till the date of filing the suit at the rate of 18 % per annum. The plaintiff is further entitled to interest from the date of filing of the suit till the date of payment at the rate of 12 %.

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The plaintiff will also be entitled to costs including the court fees, stamp duty and the counsels fees quantified at Rs. 75,000/-

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The Registry is directed to prepare the decree sheet accordingly.

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JASMEET SINGH, J

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FEBRUARY 2, 2024/NG Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:29:46

M/S Triveni Impex Pvt. Ltd. v. M/S Thandi Ram Jai Narain & Anr.

Case brief

What is this about?

What did the court decide?

M/S Triveni Impex Pvt. Ltd. v. M/S Thandi Ram Jai Narain & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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