Delhi District Court
Cs No. 07/14 vs Aerobe Medicare Pvt Ltd on 12 May, 2014
IN THE COURT OF MS. NITI PHUTELA:
CIVIL JUDGE02:SOUTH: SAKET COURT COMPLEX:
NEW DELHI.
CS No. 07/14
Federal Express Corporation (FedEx),
Having its office at Universal Trade Tower,
7th Floor, Sector49, Sohna Gurgaon Road,
Gurgaon.
Through its Authorised Representative:
Mr. Vikram Mehta ...Plaintiff
Versus
1.Aerobe Medicare Pvt Ltd.
2 Anirudh Singhal (Deleted vide order dated 02.04.2014)
Director:Aerobe Medicare Pvt Ltd.
Both at:
25A, IInd Floor
Chirag Delhi, Main Road
New Delhi110017
Defendant no.2 also at:
201, Sri Ram Bhawan
Ranjit Nagar Comm. Complex
New Delhi 110008 ...Defendants
Date of Institution : 16.01.2014
Date of Reservation : 12.05.2014 (Pre Lunch)
Date of Decision : 12.05.2014 (Post Lunch)
JUDGEMENT
1. This is a suit under Order XXXVII CPC for recovery of Rs. Page No. 1 of 5 6223/ along with pendente lite and future interest @ 24% per annum.
2. As per averments in the plaint, the plaintiff is a Body Corporate constituted under the law prevailing in Delaware, USA and is engaged in the business of airfreight and shipment of Cargo's to the various destinations outside India. Shri Vikram Mehta is duly authorised to represent the plaintiff in the present case.
3. The defendants are engaged in the business of import and export and have obtained certificate of ImporterExporter Code issued by Ministry of Commerce. The defendant no.1 is running its office from the address mentioned in the plaint. As per plaintiff defendant entered into a contract with the plaintiff in terms of Fed Ex Service Contract for providing shipper services to it for various destinations outside India. In pursuance of this contract shipments were delivered to various destinations as ordered by the defendant. As per the terms and conditions the amount pertaining to invoices was to be cleared within 15 days of the date of raising the said invoice failing which interest @2% per month was agreed to be charged by the plaintiff. In the present case the plaintiff shipped one of the consignment for defendant Page No. 2 of 5 vide air way bill dated 24.06.2011 for which an invoice dated 26.07.2011 was raised. Later on five more consignment of defendant were shipped by plaintiff vide air way bills dated 14.09.2011, 27.09.2011, 29.09.2011, 04.10.2011 and 15.10.2011. Against the said air way bills invoices dated 26.10.2011 was raised by the plaintiff. Later on another consignment vide air way bill dated 22.11.2012 was shipped on the basis of which invoice dated 27.12.2011 was raised by the plaintiff. The said invoices were served upon the defendants but the defendant failed to clear its total dues against the said invoices amounting to Rs. 13591/. The defendant only paid part amount of Rs. 9459/ towards the said invoices but sum of Rs. 4130/ is still due against the defendant excluding the interest amount of Rs. 2093.36/. Thus as per plaintiff in total sum of Rs. 6223.36/ is outstanding and due against the defendant. The plaintiff issued legal demand notice dated 13.04.2013 claiming the amount outstanding against the defendant but payment was not made by the defendant. Thus present suit was filed by the plaintiff.
4. As per the plaintiff the defendant is working for gain and part of cause of action arose in Delhi. Therefore, the present court had Page No. 3 of 5 territorial jurisdiction to entertain the same.
5. Vide order dated 02.04.2014 the defendant no.2 was deleted from array of parties as defendant no.1 which is a Private Ltd company was already impleaded and can be sued in its individual capacity and defendant no.2 was merely an agent.
6. Summons for appearance in the proforma prescribed under Order XXXVII CPC were sent for appearance of the Defendant. Defendant was duly served on 29.04.2014. No appearance was filled by defendant till today i.e. 12.05.2014 as per report of Ahlmad. In view thereof, as per provisions of Order 37 Rule 2 (3) CPC the plaintiff is entitled to decree.
7. The plaintiff has filed with the plaint, special power of attorney in favour of Shri Vikram Mehta and power of attorney in favour of Mr. Taarek Hinedi, copy of certificate of establishment along with letter of permission, certificate of incorporation, copy of certificate of importerexporter code dated 18.03.1999, original Fed Ex Service contract alongwith tariff chart, copies of IEC Certificate in the name of defendant, invoices, true copy of airway bill, copy of statement of account of defendant, copy of legal demand notice along with courier receipt and delivery report.
Page No. 4 of 5
8. In view of provisions contained in Order XXXVII Rule 2 (3) of CPC and the fact that the Defendant failed to enter appearance within statutory period, the documents filed by the plaintiff and the averments in the plaint are deemed to be admitted by the Defendant and the plaintiff is entitled to a decree for the relief prayed for and substantiated by material placed on record.
9. Plaintiff is, therefore, entitled to a decree for recovery of Rs. 6223/ along with interest @09% per annum from the date of institution of the suit till the date of decree. Cost of the suit are also granted in favour of plaintiff.
10.Decree sheet be drawn accordingly.
11. File be consigned to record room after due compliance. Announced in the open Court (NITI PHUTELA) dated 12.05.2014 Civil Judge02, South District, Saket Courts, New Delhi.
Page No. 5 of 5 CS No. 07/14 12.05.2014 Present: Sh. Rahul Tyagi, counsel for plaintiff.
Ahlmad is directed to give report regarding entering of appearance by the defendant if any till 11.30 am.
(NITI PHUTELA) Civil Judge02(South) At 11.30 am Present: Sh. Rahul Tyagi, counsel for plaintiff.
As per report of Ahlmad, no appearance is filed by defendant till today. The statutory period of ten days has already elapsed. Therefore, plaintiff is entitled to decree.
Put up for orders at 4 pm.
(NITI PHUTELA)
Civil Judge02(South)
At 4 pm.
Present: None.
Vide separate judgment of this court of even date, the suit of the plaintiff is decreed for sum of Rs.6223/ along with interest @ 09% per annum from the date of institution of the suit till the date of decree. Cost of the suit are also granted in favour of plaintiff.
Decree sheet be drawn accordingly.
File be consigned to record room after due compliance.
(NITI PHUTELA) Civil Judge02(South) Saket Courts, New Delhi.
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