1. Present suit has been filed for recovery of Rs. 3,41,97,437/- along with interest @ 24% per annum and costs etc.
2. It is the case of the plaintiff that the defendant no. 1 in which defendant no. 2 and defendant no.3 are partners, was appointed as "Super Distributor" of the plaintiff-company in 2013 for the purpose of distributing cables and fans traded by the plaintiff-company under the various brand names. The role of the defendants included procurement and purchase of goods being traded by the plaintiff and thereafter to supply the same to the wholesalers and retailers of the plaintiff-company in Delhi (West) region.
3. It is stated in the plaint that on the basis of orders received from the defendants, the plaintiff-company had been regularly supplying the goods against invoices, which on successful delivery, were duly signed and returned by the defendants as a mark of satisfaction.
4. It is further stated in the plaint that the plaintiff company had raised invoices from 13th February, 2013 till 31st July, 2014 amounting to Rs. 13,06,26,835/- out of which only an amount of Rs. 8,27,67,029/- had been paid by the defendants. It is stated in the plaint that the plaintiff-company had also issued credit notes amounting to a sum of Rs. 1,36,62,369/- upon the defendants, however, there still exists an outstanding amount of Rs. 3,41,97,437/- against several invoices due and payable by the defendants.
5. Mr. Hansdeep Singh, learned counsel for the plaintiff-company stated that despite making several requests for the payment of outstanding dues, the defendants on one pretext or the other kept on postponing the same. He stated that pursuant to follow ups by the plaintiff-company, the defendants in lieu of part payment of the admitted dues issued various cheques dated 31 st July, 2014 amounting to Rs. 56,39,236/- in favour of the plaintiff-company. However, upon presentation, the said cheques were dishonoured on 2nd August, 2014 with comments ?exceeds arrangements?.
6. He further stated that the plaintiff-company thereafter was constrained to issue three separate legal notices under Section 138 of the Negotiable Instruments Act which were duly replied to by the defendants vide reply dated 11th September, 2014 wherein they admitted their liability and sought time to repay the amount due and payable to the plaintiff-company.
7. However, since the defendants despite issuance of the legal notices did not pay the admitted outstanding amounts, the plaintiff-company filed three criminal complaints under Section 138 of the Negotiable Instruments Act wherein non-bailable warrants had been issued against the defendants.
8. Learned counsel for the plaintiff stated that the plaintiff-company also issued a recovery notice dated 26th December, 2014 calling upon the defendants to clear the outstanding admitted amount of Rs.3,41,97,437/-. However, the defendants replied to the said notice on 21 st January, 2015 denying any amount due and payable by them to the plaintiff-company.
9. Having perused the paper book, this Court finds that despite entering appearance on 22nd April, 2016, the defendants did not appear thereafter and did not bring their written statement on record. In fact, the defendants were proceeded ex-parte vide order dated 20th September, 2016.
10. The plaintiff has also filed its evidence by way of affidavit in support of the averments made in the suit and inter alia relied upon the following documents:-
(i) Ex. PW1/A is the copy of Board Resolution dated 23rd September, 2014 duly authorising Mr. Himanshu Kumar Balajee to lead evidence in respect of the present suit.
(ii) Ex.PW1/B (Colly) are the copies Invoices raised by the plaintiff upon the defendants.
(iii) Ex.PW1/C is the copy of the ledger statement of the plaintiff.
(iv) Ex. PW1/D-1 to 11 are copies of the cheques issued by the defendants in favour of the plaintiff-company in lieu of part payment of the admitted dues.
(v) Ex. PW1/E-1 to 11 are copies of the cheques return memos.
(vi) Ex. PW1/F-1 and Ex. PW1/F-2 are copies of the summoning order dated 14th October, 2014 passed in CC No. 698/1/14 and CC No. 699/1/14. Ex. PW1/F-3 is the copy of the summoning order dated 25th November, 2014 passed in CC No. 791/1/14
(vii) Ex. PW1/G is the copy of legal notice dated 26 th December, 2014 issued by the plaintiff-company requesting the defendants to clear the outstanding dues.
(viii) Ex. PW1/H is the copy of defendants? reply to legal notice dated 26th December, 2014 issued by the plaintiff- company.
11. This Court is of the opinion that the defendants by signing the invoices raised by the plaintiff company have duly admitted their liability towards payment of the outstanding amount of Rs. 3,41,97,437/- and the cheques issued by the defendants in part payment of the aforesaid outstanding amount are clearly indicative of the defendants? mala fide intent of attempting to evade the payments due and payable to the plaintiff-company.
12. This Court is further of the opinion that the defendants no.2 and 3 being partners in defendant no.1 are jointly and severally liable towards the outstanding amounts due and payable to the plaintiff-company.
13. Also, as the averments in the plaint have not been rebutted by the defendants in spite of ample opportunities given by this Court, they are deemed to have been admitted.
14. Consequently, the present suit is decreed for Rs.3,41,97,437/- in favour of the plaintiff company and against the defendants along with pendent lite and future interest @8% per annum on the outstanding amount along with costs.
