M/s Combitic Global Caplet Pvt. Ltd. vs Sh. Suraj Chauhan

Neena Bansal Krishna, J.

The plaintiff has filed a Suit for Recovery of Rs. 2,29,77,798/- along with pendente lite and future interest and costs.

Briefly stated, the plaintiff Company, which is in the business of manufacturing and export of health products and medicines, was approached by the defendant, the proprietorship concern of Mr. Suraj Chauhan for purchase of medicines against Invoices on regular basis, on 30 days credit basis. It was agreed that the defendant shall make an “on account payment” in the regular course. The plaintiff maintained a running computerised ledger account of the purchases and the amounts paid by the defendant.

The plaintiff has submitted that the he details of medicines purchased by the defendant against the Invoices are as under:-

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.

The defendant made payments on various dates through bank transfer as under:-

Thus, a total sum of Rs. 28,00,000/- was paid on behalf of the defendant towards the medicines purchased by it.

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 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.

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.

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.

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. PW-1/19 in support thereof.

Submissions heard and the record perused.

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.

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.

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.

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.

The decree sheet be prepared accordingly.