Delhi District Court
G Tech Web Marketing Pvt Ltd vs Ms 4B Networks Private Limited on 1 August, 2024
IN THE COURT OF SH.AJAY GUPTA
DISTRICT JUDGE (COMMERCIAL COURT)-05
TIS HAZARI COURTS, WEST: DELHI
CNR No. DLWT01-007883-2023
Case No. CS(COMM)/725/2023
M/s G Tech Web Marketing Pvt.Ltd.
Through it's Director
Sh. Manish Mehra
Having it's Registered Office at:
A-19A, 3rd Floor Phase-2
Mayapuri Industrial Area
Delhi-110064
....PLAINTIFF
Versus
M/s 4B Networks Pvt.Ltd.
Through its Managing Director
Having it's Registered Office At:
55-A, 4th Floor, Gayatree Plaza
Mankal Industrial Estate
Turner Road, Bandra (W)
Mumbai, Maharashtra-400050
Also at:
14-B, Andheri Kurla Road
Behind Lemon Tree Premier
Gamadevi, Marol, Andheri (East)
Mumbai, Maharashtra-400059
....DEFENDANT
Date of Institution of Case : 27.09.2023
Date of Arguments : 31.07.2024
Date of pronouncement of Judgment : 01.08.2024
Case No. CS(COMM)/725/2023 Page No. 1 of 7
EXPARTE JUDGMENT
1.Plaintiff has filed the present suit for recovery of Rs.16,92,562.75P (Rs.Sixteen Lac Ninety Two Thousand Five Hundred Sixty Two and Paise Seventy Five only) alongwith cost and pendentelite and future interest. In nutshell, the case of the plaintiff is as under:-
(i) That the plaintiff is in the business of providing various on-line web services like bulk messages, whatsapp services, cloud call center solution and other allied web services and in April 2022, the defendant had approached the plaintiff for purchasing of certain services on credit basis in the month of April 2022 and on tall and false promises for making the payments, plaintiff agreed to sell the services on credit basis and business started in the month of April 2022.
(ii) That services were sold by the plaintiff through various invoices and the defendant had also acknowledged the receipt of delivery of the services.
It is further averred that after February 2023, defendant started making defaults in payments and the ledger statement shows an outstanding amount of Rs.15,31,731/- as on 31.05.2023 and defendant is also liable to pay the said amount alongwith an Case No. CS(COMM)/725/2023 Page No. 2 of 7 interest @ 36% p.a. being the contractual rate of interest from 01.06.2023 till the actual realization of amount and the said amount comes to Rs.
1,60,831.75P w.e.f 01.06.2023 to 15.09.2023.
(iii) That defendant assured the plaintiff many times to clear the remaining payment in short time and also sent email in this respect but despite making promises, defendant has failed to clear the outstanding amount even after many requests and reminders and thus, plaintiff got served a legal notice dated 05.06.2023 upon the defendant but despite service of the legal notice, defendant neither replied the same nor complied with the same.
(iv) That the plaintiff has filed mandatory mediation application with DLSA but the same was failed on account that the defendant has not responded to the said mediation proceedings and thus, non-starter report was issued. On the basis of aforesaid averments, plaintiff has prayed for a decree of Rs.16,92,562.75P with cost and pendentilite and future interest.
2. Summons of the suit were sent to the defendant and defendant was served through whatsapp and email but on 11.01.2024, no one appeared on behalf of the defendant and Case No. CS(COMM)/725/2023 Page No. 3 of 7 thus, the defendant was proceeded exparte and the matter was fixed for ex-parte evidence of the plaintiff.
3. In ex-parte evidence, plaintiff examined its Director/authorized representative Sh.Manish Mehra as PW1. In his affidavit Ex.PW1/A, he has reiterated the claim made by the plaintiff in the plaint. PW1 has brought on record the following documents:-
1. Copy of registration certificate of the plaintiff as Ex.PW1/1 (OSR).
2. Extract of resolution passed by the Board of Directors of the plaintiff Co. as Ex.PW1/2
3. GST registration certificate of the plaintiff as Ex.PW1/3
4. Invoices raised by the plaintiff as Ex.PW1/4 (Colly.) (Page no.33 to 67)
5. Statement of ledger accounts of the plaintiff as Ex.PW1/5
6. Certificate u/s 65-B of I.E. Act as Ex.PW1/6
7. Email communication between the parties as Ex.PW1/7.
8. Carbon copy of Legal notice as Ex.PW1/8 with postal receipt as Ex.PW1/9
9. Non starter report as Ex.PW1/10.
10. Internet generated computer copy of TDS documents reflecting transactions between the plaintiff and the defendant for the period 2021-22 and 2022-23 as Ex.PW1/11 (colly.)
11. Certificate u/s 63-A of Bhartiya Sakshya Adhiniyam (BSA) alongwith certificate u/s 65-B of I.E. Act as Ex.PW1/12.Case No. CS(COMM)/725/2023 Page No. 4 of 7
4. After examination of PW1 exparte evidence of the plaintiff was closed and final arguments have been heard. It was submitted by the Ld. Counsel that the plaintiff has proved its case through the testimony of PW1 and he has referred to all the documents brought on record by the witnesses. Thus, Ld. Counsel submitted that the suit of the plaintiff may be decreed.
5. I have perused the record carefully. The plaintiff has examined its Director/Authorized Signatory Sh.Manish Mehra as PW1 who reiterated the claim and contentions of the plaintiff in his affidavit Ex.PW1/A. PW1 has deposed that defendant approached the plaintiff for providing of various on- line web services like bulk messages, whatsapp service, cloud call centre solution and other allied web services and plaintiff provided the same to the defendant against which various invoices were raised by the plaintiff upon the defendant. In order to prove the same, PW1 has brought on record the registration certificate as Ex.PW1/1, Resolution passed by Board of Directors as Ex.PW1/2, GST registration certificate as Ex.PW1/3 and the invoices as Ex.PW1/4 (Colly.). Invoices have been supported by the certificate u/s 65-B of Indian Evidence Act as Ex.PW1/6. Invoices have been raised by the plaintiff upon defendant M/s 4B Networks Private Limited, Mumbai. As far as the providing of service is concerned, PW2 has brought on record the internet generated computer copy of TDS documents reflecting transactions between the Case No. CS(COMM)/725/2023 Page No. 5 of 7 plaintiff and defendant for the period 2021-22 and 2022-23 as Ex.PW1/11 (Colly.).The exhibit shows various transactions in the name of defendant. Further, the defendant vide email communication Ex.PW1/7 admitted the liability and requested that the services may be activated once plaintiff receive the payment. Thus, it is clear that the services of plaintiff were duly availed by the defendant. The testimony of PW1 remained unchallenged and unrebutted and even plaintiff has produced the GST record and thus, there is sufficient material to show that the services of the plaintiff were availed by the defendant. Thus, the plaintiff has brought on record sufficient proof by way of exhibiting the documents Ex.PW1/1 to Ex.PW1/4 qua business transactions/raising of bills upon the defendant.
6. PW1 has deposed that as per ledger statement of account, a sum of Rs.15,31,731/- is due from the defendant as on 31.05.2023 and the plaintiff is also entitled for contractual rate of interest @ 36% p.a. He further deposed that defendant has failed to pay the outstanding amount despite service of legal notice. PW1 has brought on record the legal notice as Ex.PW1/8 and its postal receipts as Ex.PW1/9. He has also brought on record the statement of ledger account as Ex.PW1/5. The said statement of account has been duly supported by a certificate u/s 65-B of Indian Evidence (Ex.PW1/6). As per statement of account, defendant is liable to pay an outstanding amount of Rs.15,31,731/- as on Case No. CS(COMM)/725/2023 Page No. 6 of 7 26.05.2023. Plaintiff has also claimed interest of Rs.1,60,831.75P (calculated @ 36% p.a.) from 01.06.2023 to 15.09.2023. It is clear from the unrebutted testimony of PW1 that the claim of the plaintiff remained unrebutted throughout the proceedings.
7. Keeping in view of the discussions made herein above, it is clear that the plaintiff has proved through the unrebutted testimony of PW1 that they provided the services to the defendant against which the bills were raised by the plaintiff but the defendant has failed to clear the outstanding amount of Rs.15,31,731/-. I find no ground to disbelieve the case of the plaintiff and therefore, it is held that the plaintiff is entitled to recovery of Rs.15,31,731/-.(Rs. Fifteen Lac Thirty One Thousand Three Hundred Thirty One Only). Hence, the suit of the plaintiff is hereby decreed for a sum of Rs.15,31,731/-. alongwith costs. Plaintiff is also awarded pre- suit, pendentelite and future interest @ 9% per annum. Decree sheet be prepared. File be consigned to Record Room.
Announced in the Open Digitally
signed by AJAY
Court on 01.08.2024 AJAY GUPTA
Date:
GUPTA 2024.08.01
14:03:37
+0530
(Ajay Gupta)
District Judge (Commercial Court)-05
West, Tis Hazari Courts Extension
Block, Delhi/01.08.2024
Case No. CS(COMM)/725/2023 Page No. 7 of 7