The Delhi High Court decreed the plaintiff's suit for recovery of Rs. 1.73 crore advanced to the defendant for medicines. The court upheld the principal claim based on unchallenged evidence but reduced the interest rate from 18% to 9% p.a.
Decree for recovery of Rs. 1,73,58,801/- plus interest at 9% p.a. from 16.10.2018 until payment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
+ CS(COMM) 533/2020 & I.A. 11352/2020
M/S COMBITIC GLOBAL CAPLET PVT. LTD.,
(a Private Limited Company, Incorporated under the Companies Act, 2013, through its authorized Sh. Shashank Garg, S/o Sh. Pavel Garg, R/o H.No.32, Sector-15, Sonepat, Haryana-131001 who is duly authorized on behalf of company, vide Resolution dated 01/09/2020)
Regd. Office:- 2027/7, Chuna Mandi, Paharganj, New Delhi-110055
Also at:- M-15, D-2 & D-3, Industrial Area, Sonepat. ……..Plaintiff Through: Mr. Vikasdeep, Advocate.
versus
Sh. Suraj Chauhan, S/o Sh. Shiv Raj Chauhan, Working under name & style M/s Buying Overseas, A proprietorship firm, Service to be effected through e-mail at [email protected], [email protected] and [email protected]
R/o G-14, Anand Niketan, New Delhi-110021
Having Regd. Office:
Sh. Suraj Chauhan Proprietor M/s Buying Overseas, 1, Wood Villa Farms, 2nd Avenue Bandh Road,
CS(COMM) 533/2020 Page 1 of 6
Signature Not Verified
Digitally Signed By:VIKAS ARORA Signing Da te:1 6.07.2024 13:30:41
Chandan Hulla, Chattarpur, New Delhi-110074
Work Address
Sh. Suraj Chauhan, Proprietor M/s Buying Overseas, Gali No.1, Part-1, Om Nagar, Sugar Mill Bypass, Sonepat, Haryana-131001 ……Defendant Through: Ex- parte.
CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T
NEENA BANSAL KRISHNA, J.
1. The plaintiff has filed a Suit for Recovery of Rs. 2,29,77,798/- along with pendente lite and future interest and costs.
Signature Not Verified
CS(COMM) 533/2020 Page 2 of 6
Digitally Signed By:VIKAS ARORA Signing Da te:1 6.07.2024 13:30:41
| Sr. No. | Invoice No. | Date of Invoice | Amount (INR) |
|---|---|---|---|
| 1. | EXP-2018-19/129 | 04/06/2018 | 46,29,825/- |
| 2. | EXP-2018-19/210 | 04/07/2018 | 43,30,235/- |
| 3. | EXP-2018-19/367 | 07/08/2018 | 48,56,383/- |
| 4. | EXP-2018-19/400 | 13/08/2018 | 31,44,237/- |
| 5. | EXP-2018-19/426 | 18/08/2018 | 4,82,082/- |
| 6. | EXP-2018-19/555 | 17/09/2018 | 37,16,039/- |
| TOTAL PURCHASE | 2,11,58,801/- |
4. The total value of the medicines supplied to the defendant, was Rs.2,11,58,801/-, during the period of three months from 04.06.2018 till 17.09.2018 .
5. The defendant made payments on various dates through bank transfer as under:-
| Sr. No. | Amount (INR) | Mode | Date |
|---|---|---|---|
| a. | Rs.5,00,000/- | Bank Transfer | 17/07/2018 |
| b. | Rs.7,00,000/- | Bank Transfer | 23/07/2018 |
| c. | Rs.11,00,000/- | Bank Transfer | 10/08/2018 |
| d. | Rs.5,00,000/- | Bank Transfer | 05/04/2019 |
6. Thus, a total sum of Rs. 28,00,000/- was paid on behalf of the defendant towards the medicines purchased by it.
7. The plaintiff has further submitted that after adjustment of the amount that has been paid, a total sum of Rs.1,73,58,801/- remains to be paid. It is
Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Da te:1 6.07.2024 13:30:41
CS(COMM) 533/2020 Page 3 of 6
further explained that for this amount, nine cheques, the details of which are as under, were issued by the defendant, though all were dishonoured, for which the plaintiff has already filed complaint under Section 138 of the Negotiable Instrument Act.
| S. No. | Invoice No. | Date of Invoice | Amount (INR) |
|---|---|---|---|
| a. | 37836 | 15/01/2019 | 10,00,000/- |
| b. | 37845 | 05/02/2019 | 25,00,000/- |
| c. | 37846 | 08/02/2019 | 25,00,000/- |
| d. | 37847 | 10/02/2019 | 25,00,000/- |
| e. | 37848 | 15/02/2019 | 20,00,000/- |
| f. | 37853 | 18/02/2019 | 20,00,000/- |
| g. | 37850 | 20/02/2019 | 28,53,801/- |
| h. | 37851 | 25/02/2019 | 20,00,000/- |
| i. | 37852 | 26/02/2019 | 20,00,000/- |
8. The plaintiff has thus claimed the sum of Rs.1,73,58,801/- with the pre- institution interest @18%, total amount coming to Rs.2,29,77,798/- as on 30.09.2020 along with pendente lite and future interest @18% per annum.
9. The defendant was duly served on 14.01.2022 and was represented through counsel but failed to file any Written Statement. The right to file the Written Statement was closed vide Order dated 05.09.2022. Subsequently, none appeared on behalf of the defendant and was proceeded ex-parte on 16.12.2022.
Signature Not Verified
CS(COMM) 533/2020 Page 4 of 6
Digitally Signed By:VIKAS ARORA Signing Da te:1 6.07.2024 13:30:41
10. The plaintiff in support of his case examined himself as PW-1 , who in his Affidavit of evidence Ex.PW-1/A deposed on similar lines as the contents of the Plaint and proved the documents Ex. PW-1/1 to Ex. PW1/19 in support thereof.
11. Submissions heard and the record perused.
12. The unchallenged and undisputed testimony of the plaintiff proves that the defendant had purchased the medicines worth Rs. 2,11,58,801/against the six Invoices issued between 04.06.2018 to 17.09.2018, which are exhibited as Ex . PW-1/4 to PW-1/9 . PW-1 has further deposed that while the sum of Rs. 28,00,000/- had been received through bank transfers between 17.07.2018 to 05.04.2019 but the nine cheques Ex. PW-1/11 to PW-1/19 totalling to Rs.1,73,58,801/-, issued between 15.01.2019 to 26.02.2019, have been dishonoured. This is further corroborated by the Ledger Account of the plaintiff, which is Ex. PW-1/10 .
13. The unrebutted and unchallenged oral testimony of PW-1 Sh. Suraj Chauhan, the plaintiff which is fully corroborated by the documents, proves that a sum of Rs.1,73,58,801/-, is due and payable towards the medicines purchased by the defendant and thus, the plaintiff is entitled to this amount.
14. The plaintiff has further deposed that he is entitled to 18% p.a. interest on the said amount from 16.10.2018 till 30.09.2020, which comes to Rs. 61,18,997/-. However, there is no cogent explanation given on behalf of the plaintiff, for claiming interest @18% p.a. Considering that it is a business transaction, it is held that the plaintiff is entitled to interest @ 9% p.a. from the date the amount became due i.e. from 16.10.2018, till the date of payment.
Signature Not Verified
CS(COMM) 533/2020 Page 5 of 6
Digitally Signed By:VIKAS ARORA Signing Da te:1 6.07.2024 13:30:41
15. RELIEF
The Suit of the plaintiff is, therefore, decreed in the sum of Rs. 1,73,58,801/- along with the interest @9% p.a. from 16.10.2018 till the date of payment. The Suit of the plaintiff is accordingly decreed. The parties to bear their own costs.
16. The decree sheet be prepared accordingly.
(NEENA BANSAL KRISHNA) JUDGE
JULY 10, 2024/RS
Signature Not Verified
CS(COMM) 533/2020 Page 6 of 6
Digitally Signed By:VIKAS ARORA Signing Da te:1 6.07.2024 13:30:41
2 issues framed by the court
Whether the plaintiff Company is entitled to recover the outstanding balance of Rs. 1,73,58,801/- for medicines supplied on credit.
What is the appropriate rate of interest payable on the outstanding debt given the lack of cogent explanation for the plaintiff's claim.
Neena Bansal Krishna
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
