Delhi District Court
M/S Magus Sales And Services Pvt. Ltd vs M/S Hornet India on 21 January, 2014
IN THE COURT OF Ms. JYOTI KLER, ADDITIONAL SENIOR CIVIL
JUDGECUMJUDGE SMALL CAUSE COURTCUM GUARDIANSHIP
JUDGE, SOUTHEAST DISTRICT, SAKET COURT COMPLEX, NEW
DELHI
Suit No: 520/13
case ID No. 2406C0330902013
IN THE MATTER OF :
M/s Magus Sales and Services Pvt. Ltd.
Through its Authorised Signatory,
C - 153, Okhla Industrial Area, PhaseI,
New Delhi - 110020. .....Plaintiff.
VERSUS
1. M/s Hornet India,
J50, Abdul Fazal Enclave - I,
Near Chand Masjid, Okhla Village,
New Delhi.
2. Faheem Ahmad,
Director & Business Manager,
M/s Hornet India,
J50, Abdul Fazal Enclave - I,
Near Chand Masjid, Okhla Village,
New Delhi. .....Defendants
Date of Institution: 30.11.2013
Date of Final Arguments: 21.01.2014
Date of Judgment: 21.01.2014
Decision: Decreed.
SUIT FOR RECOVERY OF A SUM OF RS.1,05,193/ (RUPEES ONE LAC
FIVE THOUSAND ONE HUNDRED NINETY AND THREE ONLY)ALONG
WITH INTEREST UNDER ORDER XXXVII OF CODE OF CIVIL
PROCEDURE, 1908
CS 520/13 M/s Magus Sales & Services Pvt. Ltd. Vs. Hornet India & Anr.
JUDGMENT
1. Vide this judgment I shall dispose off a suit, filed by M/s Magus Sales and Services Pvt. Ltd. (hereinafter referred as "the plaintiff") against M/s Hornet India (hereinafter referred as "the defendant No. 1")and Faheem Ahmed (hereinafter referred as "the defendant No.2") under Order XXXVII CPC, 1908 for recovery of Rs.1,05,193/ along with pendente lite and future interest @ 18% per annum.
2. Facts, as averred, are that the plaintiff is a company duly incorporated and registered under the provisions of Companies Act 1956, having its office at C - 153, Okhla Industrial Area, PhaseI, New Delhi - 110020. The suit has been filed by the plaintiff through its Accounts Executive Sh. Varun Dhooper. A copy of the Board Resolution is annexed with the plaint. The plaintiff company is engaged in the business of communication and in the sales of camera related goods and services for corporate as well as domestic users. The defendant No. 1 is a company dealing with all kinds of CCTV Surveillance, Access Door Controls, Bio metric Attendance System, Video Door Phones and Computer Networking, while defendant No.2 is the Director & Business Manager of defendant No.1.
3. The defendant No.1 had approached the plaintiff company through defendant No.2 for purchase of cameras along with other products from time to time. On 22.12.2011 goods to the tune of Rs. 31,894/ were sold vide Tax Invoice No. MS/2011/12/025 by the plaintiff to the defendant No.1. Similarly, on 23.12.2011 goods to the tune of Rs.3,761/ were sold vide Tax invoice No. MS/2011/12/026, on 20.01.2012 goods to the tune of Rs.22,021/ were sold vide Tax invoice No. MS/2012/01/0015, on 11.02.2012 goods to the tune of Rs.
CS 520/13 M/s Magus Sales & Services Pvt. Ltd. Vs. Hornet India & Anr. 1,16,477/ were sold vide Tax Invoice No. MS/2012/12/007, on 14.02.2012 goods to the tune of Rs.7,808/ were sold vide Tax Invoice No. MS/2012/02/013, on 13.03.2012 goods to the tune of Rs.68,175/ were sold vide Tax Invoice No. MS/2012/03/016, on 14.03.2012 goods to the tune of Rs.17,843/ were sold vide Tax Invoice No. MS/2012/03/019, on 17.03.2012 goods worth Rs.1800/ were sold vide Tax Invoice No. MS/2012/03/027, on 23.03.2012 goods to the tune of Rs.21,938/ were sold vide Tax Invoice No. MS/2012/03/042, on 09.04.2012 goods to the tune of 28,097/ were sold vide Tax Invoice No.MS/2012/04/001 and on 16.04.2012 goods to the tune of Rs.1,688/ were sold vide Tax Invoice No. MS/2012/04/002.
4. The plaintiff company maintained the ledger account of defendant No.1 for the period starting from 01.04.2011 till 31.01.2013 after duly recording the sales made and the payments received. As per the said ledger account, the defendant No.1 company owes a sum of Rs.1,05,193/ to the plaintiff company towards the sale consideration. A demand notice dated 05.07.2012 was sent to the defendant No.1 by the plaintiff company on 07.07.2012 after which a cheque was issued by the defendant company but it was misplaced by the bank. Again a notice dated 02.04.2013 was sent to the defendant No.1 company on 04.04.2013 demanding the payment of entire balance amount but to no avail. Therefore, plaintiff filed the present Suit for recovery of the aforesaid amount along with pendente lite and future interest @18% per annum.
5. Summons of the Suit in the proforma prescribed under Order XXXVII CPC was sent to the defendants and they were duly served on 17.12.2013. However, defendants did not file appearance within the statutory period of 10 days. Hence, as per order dated XXXVII Rule 2(3) CS 520/13 M/s Magus Sales & Services Pvt. Ltd. Vs. Hornet India & Anr. CPC the defendants are deemed to have admitted the claim of the plaintiff and the plaintiff is entitled to a decree forthwith for the relief prayed.
6. The present suit is based upon 8 invoices, numbers of which have already been mentioned in Para No.4 of this judgment and the ledger account maintained by the plaintiff company. These documents have been filed in original. The suit has been filed within the limitation period of 3 years. According to the judgment of the Hon'ble High Court of Delhi in KIG Systel Ltd. Vs. Fujitsu ICIM Ltd. : AIR 2001 DEL 357, the invoices are written contracts within the contemplation of Order XXXVII CPC and therefore the present suit is maintainable as such.
7. In view of the aforesaid facts and circumstances, the suit of the plaintiff is decreed in his favour and against the defendants who are liable jointly and severally, defendant No.2 being the representative of defendant No.1. Plaintiff is entitled for a decree for an amount of Rs. 1,05,193/ along with interest @18% per annum from the date of filing of the suit till the date of decree as the transaction in question is connected with the business of the defendant No.1 and hence it is a commercial transaction. The cost of the suit is also awarded in favour of the plaintiff and against the defendants. Decree sheet be prepared accordingly.
8. File be consigned to record room after necessary compliances.
Announced in the open court.
on 21.01.2014 (JYOTI KLER)
ASCJ/JSCC /Gdn.JUDGE
SOUTHEAST, SAKET COURTS, NEW DELHI
CS 520/13 M/s Magus Sales & Services Pvt. Ltd. Vs. Hornet India & Anr.