Delhi District Court
M/S Secure Logistics Solutions Pvt Ltd ... vs M/S Osm Projects Pvt Ltd Through Its ... on 12 November, 2025
IN THE COURT OF SH. BALWANT RAI BANSAL
DISTRICT JUDGE (COMMERCIAL COURT)-02
SOUTH-WEST DISTRICT, DWARKA DISTRICT COURTS,
NEW DELHI
CNR NO.: DLSW01- 004783-2025
CS (COMM) No.:285/25
IN THE MATTER OF:
M/s Secure Logistics Solutions Pvt. Ltd.
Through Director/Authorised Representative
Sh. Anil Kandari
Corporate Office At: Unit No. 691 & 692 6th Floor,
Vegas Corporate Tower, Sector-14
Dwarka, New Delhi-110078
Registered Office At: 2nd Floor, Plot no.22
Block-A, Sector-12B,
Sector-12 Dwarka,
New Delhi-110078 ..PLAINTIFF
VERSUS
M/s OSM Projects Pvt. Ltd.
Through its Director/Authorised Signatory
Sh. Surender Sharma
Registered Office At: Plot no.53, OSM House
Pragati Vihar, Sector-59 Faridabad,
Haryana-121004 ...DEFENDANT
Date of Institution of Suit : 29.05.2025
Date of Reserving Judgment : 12.11.2025
Date of Pronouncement of Judgment : 12.11.2025
JUDGMENT
1. Vide this judgment, I shall decide the present suit for recovery of Rs.5,01,136/- along with pendente-lite and CS (Comm.) No.: 285/25 Secure Logistics Solutions Pvt. Ltd. Vs. M/s OSM Projects Pvt. Ltd. Page 1 of 10 future interest @ 18% per annum, filed by plaintiff against the defendant.
BRIEF FACTS OF THE CASE:
2. As per the case set up by the plaintiff, the plaintiff is a registered company duly incorporated under the Companies Act, 1956 and deal in the business of freight forwarders, consolidators and clearing and forwarding agents through Air, Sea & Land Consignment and Sh. Anil Kandari is one of the Director and duly authorized to file, execute and depose the present plaint vide Resolution dated 16.04.2025.
3. It is the case of the plaintiff that defendant is a registered company namely "OSM Projects Pvt. Ltd." through its Director Sh.Surender Sharma. Defendant approached the plaintiff company for providing freight forwarders and logistics services through sales executives after accepting the rates/quotation prescribed by the plaintiff.
4. As per case of the plaintiff, the defendant availed of the services rendered by the plaintiff company on specific orders/requests of defendant for freight forwarding/ shipments of defendant's consignments/goods through Sea Export Cargo from ICD-TKD, New Delhi to Surabaya, Indonesia and plaintiff provided other services details of which is mentioned in tax invoice & the statement of account maintained by the plaintiff.
5. It is further averred that for the services rendered, the plaintiff raised Bill/Tax invoice no.SLS/10646/22-23 dated CS (Comm.) No.: 285/25 Secure Logistics Solutions Pvt. Ltd. Vs. M/s OSM Projects Pvt. Ltd. Page 2 of 10 10.03.2023 for an amount of Rs.3,74,850/-. It is further averred that as per the business terms and conditions agreed upon between the defendant, the invoice due date was 45 days from date of issue of invoice and the same was mentioned in mail dated 25.06.2023, exchanged between the plaintiff & defendant. Thus, defendant is liable to pay Rs.5,01,136/- which includes the Tax Invoices/Bills balance amount Rs.3,67,683/- along with bill-wise total interest @ 18% per annum i.e. Rs.1,33,453/- till 30.04.2025.
6. It is further stated that in discharge of its liability defendant issued four cheques, three cheques bearing no.589619 dated 25.05.2023, 589620 dated 05.06.2023, 589621 dated 20.06.2023 for sum of Rs.93,700/- each and one cheque bearing no.589622 dated 05.07.2023 for sum of Rs.93,750/-, all cheques drawn on Indian Overseas Bank, Sector-46, Faridabad Branch, Faridabad, Haryana. However, on presentation, the aforesaid cheques were dishonored with the remarks "Funds Insufficient" vide returning memos dated 19.08.2023.
7. It is further averred that despite repeated requests made by plaintiff, defendant did not pay the outstanding dues. Hence, plaintiff issued and served upon the defendant a legal demand notice dated 25.10.2024.
8. It is further the case of the plaintiff that the plaintiff initiated Pre-Institution Mediation proceedings before Delhi Legal Services Authority, Dwarka Courts, New CS (Comm.) No.: 285/25 Secure Logistics Solutions Pvt. Ltd. Vs. M/s OSM Projects Pvt. Ltd. Page 3 of 10 Delhi. However, the defendant did not appear in the said proceedings and consequently, Non Starter Report dated 06.03.2025 was issued by the concerned Authority. Thereafter, the present suit came to be instituted.
9. Summons of the suit were issued to the defendant.
Summons sent to defendant company through registered post received back with the report of "refusal", which is a deemed service. Even otherwise, defendant company has been duly served with the summons through email on 04.06.2025 and through whatsapp on 01.07.2025. An affidavit certifying correctness of email as well as both the whatsapp numbers, has also been furnished on record by the plaintiff. However, despite service, neither defendant appeared nor filed Written Statement. Consequently, the right of the defendant to file written statement was closed and defendant was proceeded against ex-parte, vide order dated 07.08.2025.
10. In support of its case, plaintiff has examined its Director/ AR namely Sh. Anil Kandari as PW1, who deposed on the lines of the averments made in the plaint during his chief examination by way of affidavit (Ex.PW1/A). He also relied upon/proved the following documents:-
Srl.no Document/Particulars Exhibit(s)
1. Photocopy of certificate of Ex.PW1/1 Incorporation
2. Certified Copy of Resolution Ex.PW1/2 dated 16.04.2025 CS (Comm.) No.: 285/25 Secure Logistics Solutions Pvt. Ltd. Vs. M/s OSM Projects Pvt. Ltd. Page 4 of 10 Srl.no Document/Particulars Exhibit(s)
3. Bill/Tax invoice Ex.PW1/3(colly.) no.SLS/10646/22-23 dated 10.03.2023
4. Certified copy of Ledger account Ex.PW1/4 statement for the period of 01.04.2022 to 31.03.2025
5. Outstanding details as on Ex.PW1/5 30.04.2025
6. Original cheques Ex.PW1/6(colly.)
7. Copy of returning memo's Ex.PW1/7(colly.)
8. Copies of emails Ex.PW1/8 (colly.)
9. Copy of the legal demand notice Ex.PW1/9 dated 25.10.2024
10. Original Copy of Speed post Ex.PW-1/10 receipt of the legal demand notice
11. Printout of the delivery/tracking Ex.PW1/11 report of legal demand notice
12. Non Starter Report Ex.PW1/12
13. Affidavit u/o XI Rule VI (iii) CPC Ex.PW1/13
14. Certificate u/s 63 BSA Ex.PW1/14
11. On statement of AR of plaintiff, the ex-parte plaintiff evidence has been closed on 07.11.2025.
12. I have heard Ld. Counsel for the plaintiff and perused the record.
LIMITATION:
13. Firstly, I shall deal with the issue as to whether or not the present suit is within the period of limitation? In this regard, while referring to the relevant documents, Ld. Counsel of plaintiff has submitted that the last payment of Rs.50,000/- was made by the defendant to the plaintiff on CS (Comm.) No.: 285/25 Secure Logistics Solutions Pvt. Ltd. Vs. M/s OSM Projects Pvt. Ltd. Page 5 of 10 18.01.2024 towards discharge of part loan liability and since, the present suit was filed on 29.05.2025, it is well within the period of limitation.
14. This is a suit for recovery of money and limitation is 3 years from the date when the cause of action arises. In view of submissions made and the fact that last payment was made by the defendant on 18.01.2024, as is reflected in the ledger account Ex.PW1/4(colly.) maintained by plaintiff, the Court is in agreement with Ld. Counsel for the plaintiff that the present suit filed on 29.05.2025, is well within the period of limitation.
JURISDICTION:
15. While referring to the Bill/Tax Invoice and other documents, the Ld. Counsel for the plaintiff submitted that the plaintiff is having its office within the territorial jurisdiction of this court and therefore, by virtue of Section 20(c) of CPC, this court has territorial jurisdiction to try the present suit.
16. The plaintiff is having its offices within the territorial jurisdiction of this court as per the documents filed by the plaintiff on record and more particularly, in the Bill/Tax invoice no.SLS/10646/22-23 dated 10.03.2023 Ex.PW-1/3, Copy of returning memo's Ex.PW-1/7(colly.), the address of plaintiff is mentioned of Dwarka, which falls within the territorial jurisdiction of this court. The invoices have been raised from the office of plaintiff situated in Dwarka. Hence, this court has territorial CS (Comm.) No.: 285/25 Secure Logistics Solutions Pvt. Ltd. Vs. M/s OSM Projects Pvt. Ltd. Page 6 of 10 jurisdiction to try and entertain the present suit as part cause of action u/s 20(c) of CPC has arisen within the territorial jurisdiction of this court.
17. Since the suit amount is above specified value i.e. Rs.3 lacs, as prescribed under the Commercial Courts Act, 2015, this Court has also pecuniary jurisdiction to adjudicate the suit.
ENTITLEMENT:
18. Ld. Counsel of plaintiff has argued that the entire testimony of PW-1 has remained unchallenged and un-rebutted from the side of the defendant and therefore, it is entitled to the decree, as prayed for. He also referred to the relevant documents i.e. Ex. PW1/1 to Ex. PW1/14, in order to bring home its point that these documents clearly prove that suit amount was due towards the defendant at the time of filing of the suit. He, therefore, prayed that the suit may be decreed.
19. PW1 was examined by the plaintiff and he is found to have deposed on the lines of the averments made in the plaint and has proved the relevant documents as Ex.PW1/1 to Ex.PW1/14, as already noted above. As per the Ledger account statement for the period of 01.04.2022 to 31.03.2025 Ex.PW1/4 the defendant is liable to pay a sum of Rs.3,67,683/-.
20. There is no challenge to the case of the plaintiff from the side of the defendant, who preferred not to appear and CS (Comm.) No.: 285/25 Secure Logistics Solutions Pvt. Ltd. Vs. M/s OSM Projects Pvt. Ltd. Page 7 of 10 contest the present suit despite being duly served with the summons. The deposition made by PW1 on oath is duly supported by the relevant documents Ex.PW1/1 to Ex.PW1/14, as already referred herein above. Even otherwise, nothing contrary to the case of plaintiff has been brought on record. Hence, there is no reason to disbelieve such testimony made on oath.
21. From the unchallenged and uncontroverted testimony of PW-1 coupled with documents proved during the course of evidence, it is duly established on record that the defendant had availed the services of the plaintiff, pursuant to which plaintiff had issued Bill/Tax invoice no.SLS/10646/22-23 dated 10.03.2023 Ex.PW1/3(colly.). By issuing cheques Ex.PW1/6(colly.), the defendant has admitted its liability towards plaintiff. Further, plaintiff has requested defendant to pay the outstanding amount vide emails Ex.PW-1/8(colly).
22. It further stands proved from the unrebutted testimony of PW-1 that the defendant failed in payment of the outstanding amount due, to the plaintiff. This is also evident from the ledger statement Ex.PW1/4 of the defendant maintained by the plaintiff in its books of account. Consequently, plaintiff issued a legal notice dated 25.10.2024 Ex. PW1/9 to the defendant vide speed post thereby calling upon the defendant to make the payment of entire outstanding amount.
23. As per the ledger Account Ex.PW1/4, Rs.3,67,683/- is due, outstanding and payable by the defendant to the plaintiff.
CS (Comm.) No.: 285/25 Secure Logistics Solutions Pvt. Ltd. Vs. M/s OSM Projects Pvt. Ltd. Page 8 of 10 By issuing cheques Ex.PW1/6(colly.), the defendant has accepted its liability for payment of the outstanding amount. Further, plaintiff has also claimed interest of Rs.1,33,453/- @ 18% per annum from 45 days after the date of invoice till 30.04.2025. The invoice Ex.PW-1/3(colly.) bear the interest clause that overdue payment of invoice will be charged interest @ 18% per annum. Further, vide emails Ex.PW-1/8(colly.) plaintiff has intimated the defendant regarding bouncing of cheques as well as regarding the fact that agreed and accepted credit limit is crossed. Therefore, the plaintiff is entitled to the interest of Rs.1,33,453/- till 30.04.2025. Further, the relevant portion of the testimony of PW-1 in that regard has also remained unchallenged and controverted. Hence, this Court is of the view that the plaintiff is entitled to recover the amount of Rs.5,01,136/- from the defendant.
INTEREST:
24. Plaintiff has claimed pendente-lite and future interest @ 18% per annum. However, the interest so claimed appears to be on higher side. Considering the commercial transactions between the parties, the plaintiff is awarded interest @ 9% per annum on the decretal amount from the date of filing of the suit till realization of the decretal amount.
RELIEF
25. In the light of the aforesaid discussion, the Court is of the view that the plaintiff has been able to prove its case on the basis of preponderance of probability. Thus, the suit is CS (Comm.) No.: 285/25 Secure Logistics Solutions Pvt. Ltd. Vs. M/s OSM Projects Pvt. Ltd. Page 9 of 10 decreed in favour of the plaintiff and against the defendant and hence, the following reliefs are granted:-
(i.) The plaintiff is entitled to recover Rs.5,01,136/-
(Rupees Five Lacs One Thousand One hundred Thirty Six only) from the defendant;
(ii.) Pendente-lite and future interest is awarded @ 9% per annum on the decretal amount, from the date of filing of the suit till its realization.
(iii.) Cost of the suit is also awarded in favour of the plaintiff.
26. Decree sheet be prepared accordingly.
27. File be consigned to Record Room, after due compliance.
Announced in the open Court On 12th Day of November, 2025.
(BALWANT RAI BANSAL) DISTRICT JUDGE (COMMERCIAL COURT)-02 SOUTH-WEST DISTRICT, DWARKA DISTRICT COURTS, NEW DELHI BALWANT Digitally by BALWANT signed RAI RAI BANSAL Date: 2025.11.12 BANSAL 16:36:41 +0530 CS (Comm.) No.: 285/25 Secure Logistics Solutions Pvt. Ltd. Vs. M/s OSM Projects Pvt. Ltd. Page 10 of 10