This is a suit filed by the plaintiff against the
defendant for recovery of a sum of Rs.26,34,258/- with
interest, court fees, litigation cost, advocate fees and
other incidental expenses thereon and such other reliefs.
2. The brief facts are as under:-
The plaintiff is a private limited company, involved
in the business of interior products like blinds, wall
papers, carpets, roller blinds, manual and motor blinds
etc. The plaintiff has its own reputation in the market of
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interiors products. The plaintiff is known for it, quality
and in-time service in the interior materials market of
India. The plaintiff in order to built such a strong
reputation and good will has put-in more than 23 years
of hard work in this field. The defendant is involved in the
similar business, earlier it was in the name and style of
M/s Selve India Pvt. Ltd, subsequently changed its name
as “Starker Automation Private Limited” and continued to
operate in the same premises under the same GST
number. The defendant after knowing about the
reputation, expertise and committed service of the
plaintiff, had voluntarily approached for purchase of
products from the plaintiff. The plaintiff in order to keep
good business relationship with the defendant had
extended helping hands to the defendant by sending the
ordered goods on advance payment basis. The plaintiff
had honored the request of the defendant and sent the
best quotation vide letter dated: 24-08-2019 for
Rs.23,52,018.48. The defendant had accepted the
proforma invoice/quotation for interior materials for the
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sum of Rs 23,52,018.48/-. Further, the defendant had
furnished the billing details and had requested the
plaintiff to deliver the products to his desired address
through e-mail dated 13-09-2019. The plaintiff as per the
request of the defendant had sent the materials vide tax
invoice bearing No: WFPLBLR/0623, dated 13-09-2019 to
the address furnished in the e-mail dated: 13-09-2019
through V-Trans Transport Company vide goods
consignment No: 2156804 dated 13-09-2016 along with
the e-way bill dated 13-09-2019. The defendant had
issued an account payee cheque in favour of plaintiff
bearing No: 047131, dated: 20.10.2019, drawn on IDBI
Bank, Lajpath Nagar Branch, New Delhi for the sum of
Rs 20,00,000/-. Accordingly, the plaintiff had presented
the said cheque for realization through his banker, but to
the utter shock and surprise of the plaintiff, the said
cheque came to be returned with an endorsement
“payment stopped by the drawer” on 22.10.2019. The
defenant had assured the plaintiff, on the same day (i.e,
23-10-2019) while replying to the whatsapp message that
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the bill amount would be paid within 90 days. The
plaintiff agreed for the same and chose not to take any
legal action against the defendant for dishonor of above
said cheque with an intention to keep good business
relationship with the defendant. After receipt of the
materials, the defendant had sent a confirmation email
dated:14-11-2019 acknowledging the receipt of the
ordered materials. It was orally agreed between the
parties that the bill amount or due amount payable by
the defendant to the plaintiff would carry interest @ 18%
per annum in case the defendant/ purchaser fails to
make payment within stipulated period of ninety days
from the date of purchase. This is the business practice
in the field of interior materials market. The plaintiff
after lapse of ninety days had started requesting the
defendant to clear the outstanding through phone,
whatsapp messages and also through email. The
defendant had started giving untenable reasons and
postponing the payment for reasons best known to him.
Without any other option the plaintiff had sent a demand
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notice / legal notice to the defendant, through its counsel
on 17.03.2020 and it was served on the defendant, but
till date he has failed to repay the outstanding out. From
November 2019 till today there is no positive response
from defendant. The plaintiff had made repeated request
and reminder to defendant in all possible ways, for which
defendant had given scant regards and deaf ears. After
complying provisions of section 12A of Commercial
Courts Act the Plaintiff has filed the suit for recovery of
following due amount:-
