Case Study

Earliest disposal of commercial suit within a period of one year

The case pertains to a commercial dispute where M/S Star India Marketing Company filed a recovery suit under Order 37 CPC against M/S Parsvanath Stationery House for an outstanding amount of ₹4,94,199. The amount includes a principal of ₹3,21,118 and accrued interest. The plaintiff had supplied stationery items like ball pens and gel pens, maintaining a running account since April 2014. The defendant had made partial payments, with the last payment recorded on 01.09.2018. However, the defendant later issued a cheque dated 31.10.2018, which was dishonored due to insufficient funds.

Challenges:

Solution:

The District Judge (Commercial Court-01), East Karkardooma Courts ruled in favor of the plaintiff, as the defendants failed to contest the allegations. The court ordered the defendants to pay ₹4,94,199, including the principal amount and 18% per annum interest from the suit filing date until realization. The court also awarded litigation costs to the plaintiff.