Delhi District Court
Transpole Logistics Pvt. Ltd vs Sunrise Globalisation Pvt. Ltd on 11 October, 2013
IN THE COURT OF SH. APOORV SARVARIA, CIVIL JUDGEI,
NEW DELHI DISTRICT, NEW DELHI
CS No. 112/13
Unique Case ID No.02403C0113222013
Transpole Logistics Pvt. Ltd.
A173, Road No.4, Street No. 10,
Mahipalpur Extension, New Delhi.
... Plaintiff
Versus
1. Sunrise Globalisation Pvt. Ltd.
Through:
Managing Director/Authorised Person.
2. Amrit Pal
Director
Sunrise Globalisation Pvt. Ltd.
J130, Basement, Kirti Nagar,
Near H P Petrol Pump,
New Delhi110055.
...Defendant
Date of Institution: 10.05.2013
Date of Reserving Judgment: 30.09.2013
Date of Judgment: 11.10.2013
JUDGMENT
1. This is a suit for recovery of Rs. 2,64,098/ filed by the plaintiff Transpole Logistics Pvt. Ltd. against the defendant.
2. The background facts are that the plaintiff Transpole Logistics Pvt. Ltd. is a private limited company having its registered office at A173, Road No.4, Street No. 10, Mahipalpur Extension, New Delhi. The defendant Sunrise CS No. 112/13 Transpole Logistics Pvt. Ltd. v. Sunrise Globalisation Pvt. Ltd. Page 1 of 3 Globalisation Pvt. Ltd. is stated to have engaged the services of plaintiff for air import of its consignments from respective destinations and the plaintiff rendered its services for air import on consignment of defendant. The defendant no.2 Sh. Amrit Pal being Director of the defendant no.1 guaranteed the plaintiff on behalf of defendant no.1 for payment of outstanding dues.
3. In respect of the services rendered by the plaintiff to the defendant, the plaintiff issued various invoices totalling to Rs. 2,18,383 from the period 30.03.2012 to 02.07.2012. As per the statement of account maintained by the plaintiff, Rs. 2,18,383/ is outstanding against the defendant. It is also stated that the defendant is liable to pay interest @ 24% per annum from the date of raising of the invoice till the payment. Therefore, the plaintiff is entitled to recovery of Rs. 2,64,098/ from the defendant. The legal notice dated 17.01.2013 was served by the plaintiff to the defendant. Defendants have duly replied vide reply letter dated 19.01.2013. In reply, the defendant has stated that the outstanding dues of the plaintiff was paid in cash. Thereafter, the plaintiff through its Advocate vide notice dated 07.02.2013 reqeusted the defendant to provide the details of all the alleged payments made in cash. However, the defendant failed to file details nor have they paid the outstanding dues. Hence, the plaitiff has filed the present suit.
4. The present suit was received by way of assignment on 10.05.2013. Summons for settlement of issues were issued against the defendants. The summons were received back served by way of affixation. On 10.09.2013, the court proceeded ex parte against the defendants as there wasx no appearance on behalf of defendants despite service to them.
5. During ex parte evidence, the plaintiff produced PW1 Sh. Naveen Vats who tendered his evidence by way of affidavit Ex.PW1/1 and relied on documents CS No. 112/13 Transpole Logistics Pvt. Ltd. v. Sunrise Globalisation Pvt. Ltd. Page 2 of 3 Ex.PW1/A to Ex.PW1/G3. Thereafter, the plaintiff closed its ex parte evidence.
6. This court has heard Sh. Puneet Dhawan, Ld. Advocate for the plaintiff and perused the record.
7. The witness PW1 Sh. Naveen Vats has reiterated the contents of the plaint in the evidence affidavit Ex.PW1/1 and relied upon the statement of accounts Ex.PW1/C showing the outstanding due of Rs. 2,18,383.69/ against the defendants. The invoices Ex.PW1/B colly are also supporting the statement of accounts Ex.PW1/B. The terms and conditions on the invoices Ex.PW1/B colly is specifying the interest to be charged @ 24% per annum from the date of invoice recieved by the defendants. The testimony of the plaintiff witness stands unrebutted and unchallenged.
8. Therefore, the plaintiff is entitled to the amount of Rs. 2,64,098/ from the defendants. However, no evidence has been produced to show that the defendant no.2 has given guarantee for payment of dues outstanding against the defendant no.1. Therefore, the plaintiff is not entitled to any amount from defendant no.2.
9. Therefore, the suit is decreed in favour of plaintiff and against defendant no.1 Sunrise Globalisation Pvt. Ltd. for Rs. 2,64,098 alongwith pendentelite and future interest @ 12% per annum. Decree sheet be prepared. File be consigned to record room. Order be uploaded to www.delhidistrictcourts.nic.in.
Announced in the Open Court (Apoorv Sarvaria) on 11th October, 2013 Civil JudgeI, New Delhi District/New Delhi CS No. 112/13 Transpole Logistics Pvt. Ltd. v. Sunrise Globalisation Pvt. Ltd. Page 3 of 3