Delhi District Court
Matrix Cellular (International) ... vs Orient Craft Infrastructure Limited on 11 April, 2013
IN THE COURT OF MS. POOJA GUPTA: CIVIL JUDGE03
(SOUTH DISTRICT): SAKET COURT COMPLEX: NEW DELHI
Suit no. 845/11
Unique ID No. 02406C0156992011
IN THE MATTER OF:
Matrix Cellular (International) Services Pvt. Ltd.
07, Khullar Farms, 140, New Manglapuri
Mandi Road, Mehrauli, New Delhi110030. ......Plaintiff
Versus
Orient Craft Infrastructure Limited,
Through its Managing Director,
305, 5152, Gedore House,
Nehru Place, New Delhi110019.
Also at:
Plot No.913, Udhog Vihar, Phase6,
Sector37, Gurgaon, Haryana. ....Defendant
DATE OF INSTITUTION : 18.01.2010
DATE OF RESERVING THE ORDER : 11.04.2013
DATE OF DECISION : 11.04.2013
JUDGMENT UNDER ORDER XXXVII RULE 3(6)(a) OF CODE
OF CIVIL PROCEDURE 1908
1.The present has been filed by the plaintiff against the Civil Suit No.845/11 Matrix Cellular Vs. Orient Craft Infrastructure Ltd. Page 1 of 6 defendant for recovery of Rs.62,541/ (Rs. Sixty Two Thousand Five Hundred and Forty One Only) with pendente lite and future interest as well as cost of the suit.
2. As per the plaint, the defendant had applied for mobile phone connections and procured Standard Application Form containing terms and conditions regarding usage. On the basis of the information / statement furnished by the defendant, the plaintiff gave the defendant 33 different mobile connection numbers under different agreement numbers including mobile No.9873561370 through agreement form No.Mcs00146038; mobile No.9873561369 through agreement form No.Mcs00146037; mobile No.9873561367 through agreement form No.Mcs00146030; mobile No.9873561368 through agreement form No.Mcs00146029, mobile No.9873561366 through agreement form No.Mcs00146031; mobile No.9873561365 through agreement form No.Mcs00146032; mobile No.9873561364 through agreement form No.Mcs00146033; mobile No.9873561363 through agreement form No.Mcs00146034: mobile No.9873561361 through agreement form No.Mcs00146036; mobile No.9873561362 through agreement form No.Mcs00146035; mobile No.9873904961 through agreement form Civil Suit No.845/11 Matrix Cellular Vs. Orient Craft Infrastructure Ltd. Page 2 of 6 No.Mcs00161399; mobile No.9873904962 through agreement form No.Mcs00461427; mobile No.9873687677 through agreement form No.Mcs00161428; mobile No.9873904964 through agreement form No.Mcs00164148; mobile No.9873904965 through agreement form No.Mcs00164149; mobile No.9999688433 through agreement form No.Mcs00164150; mobile No.9999688431 through agreement form No.Mcs00171762; mobile No.9999688432 through agreement form No.Mcs00171761; mobile No.9999688435 through agreement form No.Mcs00171763; mobile No.9999688434 through agreement form No.Mcs00171764; mobile No.9711260069 through agreement form No.Mcs00171768; mobile No.9711260068 through agreement form No.Mcs00192091; mobile No.9711260068 through agreement form No.Mcs00192092 and Mobile No.9711260067 through agreement form No.Mcs00192090.
3. The defendant defaulted in clearing the bills and as per the accounts of the plaintiff an amount of Rs.62,541/ (Rs. Sixty Two Thousand Five Hundred and Forty One Only) is due and payable by the defendant towards usages. Legal demand notice dated 08.05.2009 was also issued to the defendant but inspite of receiving the same the Civil Suit No.845/11 Matrix Cellular Vs. Orient Craft Infrastructure Ltd. Page 3 of 6 outstanding liability was not cleared. Hence the suit.
4. The plaintiff has relied on the following documents i.e. ● original agreement form No.Mcs00146038;
● original agreement form No.Mcs00146037;
● original agreement form No.Mcs00146030;
● original agreement form No.Mcs00146029;
● original agreement form No.Mcs00146031;
● original agreement form No.Mcs00146032;
● original agreement form No.Mcs00146033;
● original agreement form No.Mcs00146034;
● original agreement form No.Mcs00146036;
● original agreement form No.Mcs00146035;
● carbon copy of agreement form No.Mcs00161399; ● carbon copy of agreement form No.Mcs00461427; ● carbon copy of agreement form No.Mcs00161428; ● carbon copy of agreement form No.Mcs00164148; ● carbon copy of agreement form No.Mcs00164149; ● carbon copy of agreement form No.Mcs00164150; ● carbon copy of agreement form No.Mcs00171762; Civil Suit No.845/11 Matrix Cellular Vs. Orient Craft Infrastructure Ltd. Page 4 of 6 ● carbon copy of agreement form No.Mcs00171761; ● carbon copy of agreement form No.Mcs00171763; ● carbon copy of agreement form No.Mcs00171764; ● carbon copy of agreement form No.Mcs00171768; ● carbon copy of agreement form No.Mcs00192091; ● carbon copy of agreement form No.Mcs00192092 and ● carbon copy of agreement form No.Mcs00192090.
5. Summons for appearance issued to the defendant in the prescribed form under order XXXVII of the Code of Civil Procedure was received back duly served and appearance was entered on behalf of the defendant on 16.08.2010. The summons for judgment issued to the defendant on the address given in the memo of appearance was received back served by way of affixation on 28.09.2012. The defendant did not file any leave to defend application within the stipulated period of ten days.
6. Since no leave to defend was applied for by the defendant within the stipulated period, hence in view of Order XXXVII Rule 3(6)
(a) of the Code of Civil Procedure, 1908, the plaintiff is entitled to a judgment forthwith. Accordingly the suit of the plaintiff is decreed Civil Suit No.845/11 Matrix Cellular Vs. Orient Craft Infrastructure Ltd. Page 5 of 6 against the defendant for a sum of Rs.62,541/ (Rs. Sixty Two Thousand Five Hundred and Forty One Only).
7. Plaintiff has claimed interest @18% per annum, pendente lite as well as future interest. The interest claimed by the plaintiff is exorbitant and the plaintiff is entitled to bank's rate of interest. Accordingly the suit of the plaintiff is decreed against the defendant for Rs.62,541/ (Rs. Sixty Two Thousand Five Hundred and Forty One Only) along with 8% per annum pendente lite interest till the date of preparation of the decree and future interest @ 6% per annum from the date of decree till realization. Plaintiff is also awarded cost of the suit.
8. Decree sheet be prepared accordingly.
9. File be consigned to record room after necessary compliance.
Pronounced in the open court
today i.e. 11.04.2013 (POOJA GUPTA)
Civil Judge03(South)
New Delhi.
Civil Suit No.845/11 Matrix Cellular Vs. Orient Craft Infrastructure Ltd. Page 6 of 6