Delhi District Court
Matrix Cellular International ... vs Mr. Vikas Sanghi on 1 March, 2014
IN THE COURT OF MS. SALONI SINGH, CIVIL JUDGE - 03, PATIALA
HOUSE COURTS, NEW DELHI DISTRICT,
NEW DELHI
CS No. 154/13
Unique Case ID no.02403C0187122013
Matrix Cellular International Services Private Limited,
7, Khullar Farms, 140 New Manglapuri,
Mandi Road, Mehrauli, New Delhi - 110030
...Plaintiff
Vs.
Mr. Vikas Sanghi,
419, Police Station Road,
Gupta Park, Najafgarh Premnagar,
New Delhi-110043.
Also at:
WZ-409C Plot No. 1
2nd Floor Janak Park, Hari Nagar,
New Delhi-110064.
...Defendan
t
Date of institution : 12.12.2013
Date of Reserving Judgment : 20.02.2014
Date of decision : 01.03.2014
Under Order XXXVII of the Code of Civil Procedure, 1908 for
recovery of Rs. 40,679/ (Rupees Forty Thousand Six Hundred and
Seventy Nine Only) along with pendent lite and future interest @
18% per annum till realization of the due amount and costs of the
suit
Case no. 61/13 Matrix Cellular International Services P Ltd. v Harjit Singh 1/5
Judgment :
1.The present suit is filed under Order XXXVII of Code of Civil Procedure, 1908 (for short "Code of Civil Procedure") for recovery of Rs. 40,679/ (Rupees Forty Thousand Six Hundred and Seventy Nine Only) along with pendent lite and future interest @ 18% per annum till realization of the due amount and costs of the suit.
2. The brief facts, as given in the plaint, are as follows: The plaintiff is a company registered under the Companies Act, 1956. Mr. Tarun Yadav has been appointed the authorized representative of the plaintiff company vide a Board Resolution dated 25.07.2013. The plaintiff is in the business of providing country specific SIM/calling cards to persons traveling abroad from India. The plaintiff and the defendant entered into a Customer Agreement Form ("CAF") dated 09.01.2012 for the services to be provided by the plaintiff. The relationship of the parties were to be governed by the terms and conditions stipulated in the CAF. The plaintiff issued a SIM card no. 8960011102828820876, bearing mobile no.01112284443 to the defendant.
Case no. 61/13 Matrix Cellular International Services P Ltd. v Harjit Singh 2/5
3. During his visit abroad, the defendant used the given SIM Card and availed the services provided by the plaintiff during the period between 10.01.2012 to 21.01.2012. The defendant defaulted in making payments of the amount, as stated in the bill dated 13.01.2012 and 10.02.2012, issued by the plaintiff and is therefore, liable to pay a sum of Rs. 40,679/ (Rupees Forty Thousand Six Hundred and Seventy Nine Only) to the plaintiff.
4. The present suit was instituted on 12.12.2013. The summons of the suit in Form no. 4, Appendix B, as prescribed under Order XXXVII Rule 2 (2) of Code of Civil Procedure, were directed to be issued on 13.12.2013, to be effected by way of ordinary process, registered AD, speed post and authorized courier returnable on 21.01.2014.
5. Vide order dated 21.01.2014 of this Court, the defendant was stated to be served on 16.01.2014.
6. According to Order XXXVII Rule 3 of Code of Civil Procedure, the defendant is required to enter an appearance either in person or by pleader and, in either case, he shall file in Court an address Case no. 61/13 Matrix Cellular International Services P Ltd. v Harjit Singh 3/5 for service of notices on him within ten days of service of the summons prescribed under Rule 2 (2) of the said Order. Further, as per Rule 2 (3) of Order XXXVII of the said Code, the defendant cannot be allowed to defend the suit unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons together with interest at the rate specified, if any, up to the date of the decree and such sum for costs as may be determined by the Court from time to time by rules and such a decree may be executed forthwith.
7. The defendant was served on 16.01.2014. The defendant has not put in appearance within the prescribed period of ten days, thus the allegations in the plaint are deemed to be admitted. It is pertinent to note that in the present suit, the liability of the defendant arises out of a commercial transaction. However, in exercise of the discretion under Section 34 of the Code of Civil Procedure, this Court awards pendent lite and future interest at the rate of 12% per annum instead of 18% per annum, which appears to be exorbitant and unreasonable.
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8. Accordingly, a decree for a sum of Rs. 40,679/ (Rupees Forty Thousand Six Hundred and Seventy Nine Only) along with pendent lite and future interest @ 12% per annum from the date of institution of the suit till the date of realization and costs of the suit is passed in favour of the plaintiff and against the defendant.
9. Decree sheet be prepared accordingly. File be consigned to Record Room after due compliance.
Pronounced in Open Court
today March 1st, 2014 (SALONI SINGH)
Civil Judge-03/PHC/NEW DELHI
01.03.2014
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