Delhi District Court
Saurabh Chadha vs Cloud Infotech Pvt Ltd on 30 May, 2025
IN THE COURT OF SH. AMIT BANSAL
DISTRICT JUDGE (COMMERCIAL COURT)-03
SOUTH-WEST DISTRICT, DWARKA COURTS
NEW DELHI.
CS (COMM) No. 107/2025
CNR No. DLSW01-001831-2025
In the Matter of:
Saurabh Chadha,
Proprietor of M/s Seguro Freight Solutions,
208, Second Floor, DDA Tower-2,
District Centre, Janakpuri, New Delhi.
Previous Address:-
129, Vishal Tower,
District Centre,
Janakpuri, New Delhi-110058.
........PLAINTIFF
VERSUS
M/s Cloud Infotech Pvt. Ltd.,
Through its Managing Director,
D-92, Sector-63, Noida-201301.
......DEFENDANT
Date of Institution : 05.03.2025
Date of Final Arguments : 30.05.2025
Date of Decision : 30.05.2025
JUDGMENT
1. The plaintiff has filed the present suit under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.
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4,06,278/- (Rupees Four Lacs Six Thousand Two Hundred and Seventy Eight Only) alongwith pendente lite and future interest @ 24% per annum till realization against the defendant.
2. In the plaint, it is stated that the plaintiff is an international logistics freight forwarding firm which handles sea and air shipments and Sh. Saurabh Chadha is its proprietor. The defendant is a private limited company and leading telecom services and solutions provider and VoIP based company. It is also stated in the plaint that the defendant approached the plaintiff for the sea import shipment from China to Delhi (Invoice No. S21062605). The plaintiff finished the clearance of sea import shipment of the defendant. The plaintiff raised the invoice no. 2427 dated 04.10.2021 of Rs. 2,91,131/- for the services. It is further averred that the defendant paid partial amount of Rs. 2,24,357/- against the total liability of Rs. 2,91,131/- on the abovementioned bill and therefore, was liable to pay the outstanding payment of Rs. 66,774/-. It is further averred that the defendant was liable to make the payment against the abovementioned services by 05.10.2021 but failed to make the payment against the said invoice by 05.10.2021 and therefore, was liable to pay an interest of Rs. 54,086/- @ 24% per annum from 06.10.2021 till date on the outstanding amount of Rs. 66,774/-. It is further stated in the plaint that the defendant approached the plaintiff for sea import shipment from China to Delhi (Invoice No. S21062605). The plaintiff finished the custom clearance of sea import shipment from China to Delhi. The plaintiff raised the invoice no. 2432 dated 09.10.2021 of Rs. 38,141/- for the services. It Saurabh ChaddhaVs. Page no. 2 of 6 M/s Cloud Infotech Pvt. Ltd.
CS (Comm) No. 107/2025has been averred that the defendant was liable to make the payment against the abovementioned services by 15.10.2021 but failed to make the payment against the said invoice by 15.10.2021 and therefore, the defendant was liable to pay an interest of Rs. 30,894/- @ 24% per annum from 16.10.2021 till date on the outstanding amount of Rs. 38,141/-. The defendant had also approached the plaintiff for the custom clearance of air import shipment from China to Delhi (Invoice No. ZP21-198908). The plaintiff finished the custom clearance of air import shipment from China to Delhi. The plaintiff raised the invoice no. 2433 dated 09.10.2021 of Rs. 21,919/- for the services. It is stated that the defendant was liable to make the payment against the abovementioned services by 15.10.2021 but failed to make the payment against the said invoice by 15.10.2021 and therefore, liable to pay an interest of Rs. 17,754/- @ 24% per annum from 16.10.2021 till date on the outstanding amount of Rs. 21,919/-. It is stated in the plaint that the defendant also approached the plaintiff for the custom clearance of air import shipment from China to Delhi (Invoice No. SO- G-10253). The plaintiff finished the custom clearance of air import shipment from China to Delhi. The plaintiff raised the invoice no. 2440 dated 22.10.2021 of Rs.28,552/- for the services. It is stated that the defendant was liable to make the payment against the abovementioned services by 30.10.2021 but failed to make the payment against the said invoice by 30.10.2021 and therefore liable to pay an interest of Rs. 22,841/- @ 24% per annum from 31.10.2021 till date on the outstanding amount of Rs.28,552/-. The defendant had also approached the plaintiff for the custom clearance of air import shipment from Saurabh ChaddhaVs. Page no. 3 of 6 M/s Cloud Infotech Pvt. Ltd.
CS (Comm) No. 107/2025China to Delhi (Invoice No. S21072605). The plaintiff finished the custom clearance of air import shipment from China to Delhi. The plaintiff raised the invoice no. 2441 dated 22.10.2021 of Rs. 18,336/- for the services. It is submitted that the defendant was liable to make the payment against the abovementioned services by 30.10.2021 but failed to make the payment against the said invoice by 30.10.2021 and therefore, liable to pay an interest of Rs. 14,668/- @ 24% per annum from 31.10.2021 till date on the outstanding amount of Rs. 18,336/-. It is submitted in the plaint that the defendant also approached the plaintiff for the custom clearance of sea import shipment from China to Delhi (Invoice No. SO-G-9990). The plaintiff finished the custom clearance of sea import shipment from China to Delhi. The plaintiff raised the invoice no. 2491 dated 24.12.2021 of Rs.52,451/- for the services. It is submitted that the defendant was liable to make the payment against the abovementioned services by 31.12.2021 but failed to make the payment against the said invoice by 31.12.2021 and was therefore liable to pay an interest of Rs. 39,862/- @ 24% per annum from 01.01.2022 till date on the outstanding amount of Rs.52,451/-. It was averred that it was agreed between the parties over the invoices that the defendant shall pay the agreed interest @ 2% per month on the delayed payment. The plaintiff many a times requested the defendant to clear the said outstanding dues but no positive response was received from the defendant. It was stated that the defendant is liable to make the outstanding payment and interest amounting to (Rs. 2,26,173/- + Rs. 1,80,105/-) totalling to Rs. 4,06,278/-. The plaintiff thus prayed for a decree against the defendant for a sum of Rs.
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4,06,278/- alongwith pendete lite and future interest @ 24% per annum till realization of the amount and cost of the suit.
3. This suit is filed under Order XXXVII CPC and no relief has been claimed, which does not fall within the ambit of order XXXVII CPC. The copy of invoices as filed alongwith the plaint are already on record.
4. In response to the summon under XXXVII CPC, the defendant failed to enter an appearance within the time prescribed under the said provision. Vide order dated 23.05.2025, it was mentioned that the defendant was served on 20.03.2025 after a tracking report of speed post was filed by the Ld. Counsel for the plaintiff, but the defendant has failed to enter an appearance before the court within the prescribed time of 10 days of such service. Order XXXVII Rule 2 (3) CPC inter alia provides that the defendant shall not defend the suit referred to in sub-rule (1) 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 upto the date of the decree and such sum for costs. In the said circumstances, the plaintiff in default of the defendant's entering an appearance becomes entitled to decree as prayed in terms of order XXXVII Rule 2 (3) CPC.
5. The rate of interest @ 24% per annum as claimed by the plaintiff is on higher side. A justifiable rate of interest is awarded to the plaintiff Saurabh ChaddhaVs. Page no. 5 of 6 M/s Cloud Infotech Pvt. Ltd.
CS (Comm) No. 107/2025@ 9% per annum on Rs. 4,06,278/- from the date of institution of the suit till the date of the decree.
6. In view of the foregoing discussion, the suit is decreed. The plaintiff is held entitled to a decree for recovery of Rs. 4,06,278/- alongwith an interest @ 9% per annum from the date of institution of the suit till the date of the decree. Cost of the suit is also awarded to the plaintiff.
7. Decree sheet be drawn accordingly.
8. A copy of this judgment be issued to all the parties to the dispute through electronic mail, if the particulars of the same have been furnished, or otherwise, in terms of Order XX Rule 1 of the Code of Civil Procedure, 1908 (as amended by the Commercial Courts Act, 2015).
9. File be consigned to Record Room.
Digitally
signed by
AMIT
AMIT BANSAL
Announced in open Court BANSAL Date:
2025.05.30
15:47:33
on 30.05.2025 +0530
(Amit Bansal)
District Judge (Commercial Court)-03
South-West, Dwarka Courts, New Delhi
30.05.2025
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