Delhi District Court
Scj/Rc(West) vs Khoobsoorat Collections on 10 July, 2014
IN THE COURT OF MS. RACHNA TIWARI LAKHANPAL
SCJ/RC(WEST), TIS HAZARI COURTS, DELHI
Suit No. 139/2013
Unique Case ID : 02401C0234342013
Federal Express Corporation (FedEx)
a Body Corporate constituted under the law
prevailing in Delaware, USA
having its office at:
Universal Trade Tower,
th
7 Floor, Sector49, Sohna Gurgaon Road,
Gurgaon
Through its AR Mr. Vikram Mehta .............Plaintiff
Vs.
Khoobsoorat Collections
34/1, Ashok Nagar,
New Delhi110018
Through its Manager Sh. Bijender Kumar .............Defendant
Date of filing of the suit : 10.05.2013
Date of reserving Judgment : 10.07.2014
Date of pronouncement : 10.07.2014
EX PARTE JUDGMENT
1.Vide this judgment, I shall decide the suit for recovery of Rs. 18,854/ filed by the plaintiff against the defendant.
2. Initially, the present suit was filed under Order XXXVII CPC but Suit No. 139/13 Page..... 1/4 later on, upon the statement of Ld. counsel for the plaintiff, the suit was treated as an ordinary suit. Sh. Vikram Mehta, Customer Financial Services Representative/ Principal Officer, was authorized to file, sign and institute the suit vide Special Power of Attorney dated 13.05.2009.
3. The necessary facts for disposal of the present suit as per the plaint, in brief, are that the plaintiff was interalia engaged in the business of international and domestic Airfreight and shipment of cargoes across various destinations. The defendant company was engaged in the business of leather and silver jewelry. As per the plaint, the defendant entered into a service contract with the plaintiff in terms of FedEx Service Contract i.e FSC in the month of September 2008 and pursuant to the said agreement, an account/customer no. 440712282 was issued by the plaintiff to the defendant. The plaintiff agreed to provide Shipper services to various destinations outside India that were serviced by FedEx or its service participants. On the basis of representations made by the defendant and assurance given under the said agreement, the plaintiff delivered the consignment of the defendant to the destination as desired and directed by the defendant. As per the terms and conditions of the said agreement, after the shipment of the consignment, the plaintiff was to raise an invoice towards such shipment.
It is the case of the plaintiff that he shipped one consignment of the defendant against the Air Waybill dated 22.03.2010 to the specified Suit No. 139/13 Page..... 2/4 destination and against the said Air Waybill, the plaintiff raised an invoice dated 27.04.2010. The said invoice was duly served upon the defendant. However, the defendant did not make the payment. Hence, the plaintiff served a legal notice dated 01.05.2013 upon the defendant but no payment was made by the defendant.
4. The plaintiff filed the present suit before this court with a prayer for passing a decree for the recovery of Rs. 18,854/ alongwith pendentelite and future interest thereon @ 24% per annum in favour of the plaintiff and against the defendant.
5. The defendant was served through publication in the newspaper "Rashtriya Sahara". However, the defendant did not appear before the court despite service and accordingly, he was proceeded exparte vide order dated 29.01.14.
6. Plaintiff led his exparte evidence. In exparte evidence, the plaintiff examined only one witness i.e Sh. Vikram Mehta, Authorized Signatory of the plaintiff, as PW1. This witness filed his evidence by way of affidavit on the lines of the plaint and had placed on record the following documents;
a) copy of Special Power of Attorney in favour of PW1 as Ex.PW1/1 (colly);
Suit No. 139/13 Page..... 3/4
b) FedEx Service Contract (FSC) alongwith Tariff Chart of the International Air Waybill, Certificate of ImporterExporter Code, PAN Card and Certificate of Bank as Ex.PW1/2 (colly);
c) invoice dated 27.04.10 alongwith copy of Air Waybill as Ex. PW1/3 (colly);
d) statement of account of the defendant as Ex. PW1/4 and;
f) legal notice alongwith courier receipt as Ex. PW1/5 (colly).
7. From the documents placed on record it is proved that the defendant entered into an agreement with the plaintiff in terms of FedEx Service Contract and failed to make the payment against the invoice dated 27.04.10 as per the terms and conditions of the agreement. Further, there is no reason to disbelieve the unchallenged and uncrossexamined testimony of the PW1. Thus, the suit of the plaintiff is decreed and a decree for a sum of Rs. 18,854/ is passed in favour of the plaintiff and against the defendant. The plaintiff is also entitled to interest @ 12% per annum from the filing of this suit till the date of passing of order. The plaintiff is further entitled to interest @ 6% per annaum from the date of order till realization along with costs of the suit. Decree sheet be prepared accordingly.
File be consigned to record room after necessary compliance.
ANNOUNCED IN THE OPEN (RACHNA TIWARI LAKHANPAL) COURT ON 10.07.2014 SCJ/RC(WEST)/ DELHI Suit No. 139/13 Page..... 4/4