Delhi District Court
Current Address vs Mr Shreekant Kushwah on 16 January, 2023
IN THE COURT OF SHRI PANKAJ GUPTA:
DISTRICT JUDGE, (S/W) (COMMERCIAL COURT-01),
DWARKA COURTS : DELHI.
CS (COMM) NO. 224-2021
ID No. CNR No. DLSW01-008927-2021
In the matter of :
SPAZE HUB LOGISTIC PRIVATE LTD
THROUGH MR. SANDEEP SHARMA
AR OF SPAZE HUB LOGISTIC PRIVATE LTD
REGISTERED OFFICE:
B2B 83, JANAKPURI, NEW DELHI-110058
CURRENT ADDRESS:
18/7, CHOTTI SUBZI MANDI,
JANAKPURI, NEW DELHI-110058
...........PLAINTIFF
versus
MR SHREEKANT KUSHWAH
(AUTHORIZED SIGNATORY & PROPRIETOR OF)
TRIKUTA OVERSEAS
OFFICE ADDRESS:
F-24/98, SECTOR 7,
ROHINI, DELHI-110085
...........DEFENDANT
Date of Institution : 30.09.2021
Date when the case reserved
for Judgment : 16.01.2023
Date of Judgment : 16.01.2023
Spaze Hub Logistic Private Ltd vs.
Shreekant Kushwah Page No. 1 of 5
CS (Comm) No. 224/21
JUDGMENT
1. The plaintiff filed the present suit for recovery of Rs.5,60,206/- along with pendente lite, present and future interest @ 12 % from the date of legal notice ie 25.03.2021 till the final realization of the total amount.
2. In the plaint, it is stated that the plaintiff, a private limited company, is engaged in providing value added services to its client across the globe. Vide board resolution dated 02.04.2021, Sandeep Sharma, is authorized to file, sign and institute the suit on behalf of the plaintiff. It is also stated that the defendant is / was running a business under the name and style of "Trikuta Overseas". The plaintiff had provided the defendant logistics services i.e. supply of consignment / container out of India through airfreight on credit basis. The plaintiff provided the services of bill-in-dispute to the defendant i.e. for any amount of Rs. 5,60,206/-. However, despite several promises, the defendant did not pay single penny to the plaintiff. Later, the defendant handed over the cheque number 000200 dated 16.04.2018 of Rs. 5,10,000/- drawn on UCO Bank, Punjabi Bagh Branch towards part discharge of his debt and liabilities. As requested by the defendant, the plaintiff had not presented the said cheque for encashment. The defendant deducted TDS of Rs. 11,204/- and deposited the same with the Income Tax Authorities for the bill-in-dispute of Rs. 5,60,206. Left with no option, the plaintiff sent the legal notice dated 25.03.2021 calling upon the defendant to pay the amoutn but of no use. Left with no option, the plaintiff filed the present suit.
Spaze Hub Logistic Private Ltd vs. Shreekant Kushwah Page No. 2 of 5 CS (Comm) No. 224/21
3. Notice of the suit was issued to the defendant and the same was duly served upon the defendant. However, the defendant has not filed the written statement (WS) despite given several opportunities. Hence, vide order dated 26.08.2022, the right to file the WS was closed.
4. The plaintiff in order to prove its case examined its authorized representative Sh. Sandeep Sharma as PW-1 and his affidavit in evidence is Ex.PW1/A. He proved the following documents:-
1. Non-starter report Mark A (de-exhibited PW-1/1).
2. True copy of certificate of Incorporation dated 16.05.2011 Ex. PW-1/2.
3. True copy of Form 32 ROC Master Data Ex. PW-1/3 (colly).
4. BOD Resolution in original Ex. PW-1/4.
5. True copy of invoice dated 11.04.2018 Ex. PW-1/5.
6. Un-presented cheque no. 000200, UCO Bank, Punjabi Bagh Branch dated 16.04.2018 Ex. PW-1/6.
7. True copy of attached Form 26 AS as item no. 20 for entry Ex. PW-1/7.
8. True copy of account statement Ex. PW-1/8.
9. True copy of legal notice dated 25.03.2021 Ex. PW-1/9.
10. Copy of postal receipt marked as XI along with e-notice proof of service by the counsel Ex. PW-1/10 (colly).
11. Affidavit U/s 65 B of Indian Evidence Act Ex. PW-1/11.
5. I have heard the learned counsel for the Spaze Hub Logistic Private Ltd vs. Shreekant Kushwah Page No. 3 of 5 CS (Comm) No. 224/21 plaintiff and have perused the material available on record.
6. PW1 in his examination-in-chief through affidavit Ex.PW1/A has deposed the facts as narrated in the plaint mentioned above.
7. Perusal of the copy of the invoice Ex. PW-1/5 reveals that the plaintiff raised the said invoice upon the defendant for the services provided to it. Vide item no. 20 of the Form 26 AS Ex. PW-1/7, the defendant deducted TDS in respect of the invoice Ex. PW1/5. The defendant issued the cheque no. 000200 Ex. PW-1/6 in favour of the plaintiff towards discharge of his part debt and liability. Copy of ledger account Ex.PW1/8 mentions the amount outstanding against the defendant. Perusal of the legal notice Ex. PW1/9 and postal receipts Ex. PW1/10 reveal that despite receipt of the legal notice Ex. PW1/9, the defendant failed to pay the outstanding amount to the plaintiff. There is no cross- examination of PW1. As such, the testimony of PW-1 and the documents proved by him remained unrebutted.
8. As mentioned above, vide order dated 26.08.2022, the right of the defendant to file the WS was closed. Hence, there was no occasion to lead the defendant evidence.
9. In view of the foregoing discussions, the plaintiff is held entitled to a decree of Rs.5,60,206/-.
Spaze Hub Logistic Private Ltd vs. Shreekant Kushwah Page No. 4 of 5 CS (Comm) No. 224/21
10. The plaintiff has claimed pre suit interest @12% per annum from 25.03.2021 till realization. As per invoice Ex. PW1/5, in default of payment, the agreed rate of interest was 24% p. a. Hence, the plaintiff is held entitled to the interest @ 12 % p.a. from 25.03.2021 till realization.
11. In view of the foregoing discussions, the suit of the plaintiff is allowed. The plaintiff is held entitled to decree of Rs.5,60,206/- along with interest @ 12% p.a. from 25.03.2021 till the realization against the defendant. Cost of the suit is awarded to the plaintiff.
12. In the present suit, the plaintiff has claimed interest @ 12 % per annum from 25.03.2021 till the date of filing of the suit i.e. 20.09.2021 as pre-suit interest. However, the plaintiff has not paid the court fee on the said amount. Accordingly, the decree sheet be drawn subject to deposit of the deficit court fee by the plaintiff.
13. File be consigned to the record room.
ANNOUNCED IN THE OPEN COURT, On this 16th day of January, 2023.
(PANKAJ GUPTA) District Judge, S/W (Commercial Court)-01:
NEW DELHI Spaze Hub Logistic Private Ltd vs. Shreekant Kushwah Page No. 5 of 5 CS (Comm) No. 224/21