Delhi District Court
M/S.Hellmann Worldwide Logistics ... vs M/S.D.S.Carpets on 31 January, 2012
IN THE COURT OF SH. VIKAS DHULL : SENIOR CIVIL JUDGE CUM
RENT CONTROLLER,
DWARKA COURTS, NEW DELHI
CS NO: 273/11
M/s.Hellmann Worldwide Logistics India Private Limited
A private limited company registered under The Companies Act, 1956
Having its registered office at
Plot No.8, Pocket-2, Rang Puri Extn.
Block-A, N.H.8
New Delhi-110037
Through its AR Sh.Rajinder Kalra ... Plaintiff
Versus
1. M/s.D.S.Carpets
A partnership Firm through its partners
2. Mr.Jaswant Singh, S/o Mr.Ram Kumar
Partner, M/s.D.S.Carpets
Both at :
Near Kacha Fatak
Krishanpura
Panipat-132103, Haryana ... Defendant
Date of institution of suit : 23.09.2011
Date on which judgment reserved : 24.01.2012
Date on which judgment pronounced : 31.01.2012
CS NO: 273/11 1/5
JUDGMENT
1. This is a suit for recovery filed by the plaintiff for a sum of Rs.2,07,549/- alongwith interest from the defendant. It is averred in the plaint that plaintiff is engaged in the business of international freight forwarding, custom clearance etc. and has acquired an unimpeachable reputation in the related fields due to its highly efficient and professional services. It is averred that the present plaint has been signed and instituted by Sh.Rajinder Kalra, Manager with the plaintiff company under an authority dated 15.10.2008 in pursuance to powers conferred upon him by the plaintiff company vide its resolution dated 24.11.2006. It is further averred that defendant no.1 is a partnership firm and defendant no.2 is one of the partners of said firm. It is averred that defendant no.2 alongwith all other partners of defendant no.1 firm are engaged in the business of export- import of carpets and other goods under the name and style "D.S.Carpets"
i.e.defendant no.1. It is averred that in the month of September, 2008, defendants sold handmade tufted woolen carpets to Pablo Paniker S.A.Gran Via De Les Cortes Catalanes, 654, Pral, 08010, Barcelona, Spain under their invoice Nos. DSC/51/08 dated 08.09.2008 and DSC/55/08 dated 28.09.2008, which they were required to send to the said buyer by air and for which purpose, they approached the plaintiff company and it was agreed that plaintiff company shall arrange to send the said goods of defendants in two consignments from New Delhi and CS NO: 273/11 2/5 thereafter defendants shall pay to the plaintiff company the agreed freight and other charges as per the invoices raised by the plaintiff within 10 days of receipt of same failing which an interest @ 18% p.a.shall be charged on the invoice amount. It is averred that plaintiff company relying upon assurance of defendants, arranged to send two consignments of defendants to Barcelona. It is averred that goods under invoice no.DSC/51/2008 was sent vide House Air Way Bill No. DEL002129 dated 30.09.2008 under Master Airway Bill No.07471354555 dated 30.09.2008 and second consignment was sent under invoice No. DSC/55/2008 under House Air Way Bill No.DEL002221 dated 30.09.2008 under the same Master Airway Bill No.074-7135-4555 dated 30.09.2008. It is further averred that both the consignments were delivered to the carrier i.e. KLM Cargo at IGI Airport, New Delhi and the same were duly delivered at the destination by the said carrier. It is further averred that plaintiff company in connection with the aforesaid shipments raised two invoices bearing nos. DEAE006454 dated 06.10.2008 for Rs.1,18,671.62 and No. DEAE006453 dated 06.10.2008 for Rs.1,17,426.62 in the name of defendant no.1 and the same were delivered to the defendants. It is averred that defendants were liable to make full payment of the aforesaid invoices to the plaintiff company but defendants only paid a sum of Rs. 1,00,000/- on 20.12.2008 against invoice bearing no. DEAE006454 dated 06.10.2008 leaving behind a balance amount of Rs.18,671.62 against the said invoice. It is further averred that no payment was made against invoice no. DEAE006453 dated 06.10.2008. It is averred that defendants, therefore, are liable to pay Rs.1,36,098.24 against both the invoices but CS NO: 273/11 3/5 they did not pay the same despite various requests, reminders and visits. Thereafter, a legal notice dated 27.04.2010 was sent which was duly served upon defendants. Despite service, defendants did not clear the amount due. It is further averred that defendants alongwith all other partners of defendant no.1 are jointly, severally liable to pay Rs. 1,36,098.24 being the balance amount of aforesaid invoices alongwith interest @ 18% p.a.from 06.10.2008 till actual realization of the said amount. Accordingly, it is prayed that decree for an amount of Rs. 2,07,549/-( Rs.1,36,098.24 + Rs.71,451/- i.e.liability towards the said interest upto the date of filing the suit) be passed in favour of plaintiff and against the defendants. Cost of the suit is also prayed for.
2. Defendants were duly served with the summons. However, despite service, they failed to appear. Accordingly, they were proceeded exparte on 21.10.2011.
3. Thereafter the matter was posted for exparte evidence. Plaintiff examined Sh.Rajinder Kalra, Manager of plaintiff company as PW1 by way of affidavit. All the facts as stated in the plaint were deposed on oath. No other witness was examined by the plaintiff. Accordingly, the plaintiff's evidence was closed. Thereafter the matter was posted for exparte final arguments.
4. I have heard the counsel for plaintiff and have perused the material available on record.
5. In the light of evidence of PW1 by way of affidavit Ex.PW1/A which remains unrebutted and unchallenged and the documents filed on record i.e. the certificate of incorporation Ex.PW1/1, copy of board resolution CS NO: 273/11 4/5 Ex.PW1/2, copies of House Air Way Bills and Master Air Way Bills Ex.PW1/3 to Ex.PW1/5 respectively, computer printouts of invoices Ex.PW1/6 and Ex.PW1/7, certified copy of ledger account of defendant firm Ex.PW1/19 and a certificate under Section 65B of the Indian Evidence Act, 1872 Ex.PW1/20, it is proved on record that a sum of Rs.2,07,549/- is due and payable by the defendants to the plaintiff. Hence, the suit of the plaintiff is decreed and defendants are jointly and severally directed to pay Rs. 2,07,549/-to the plaintiff. Since the transaction in question is commercial, therefore, as per Section 34 of the Code of Civil Procedure, 1908, this court while exercising its discretion hereby grants interest @ 12% p.a. on the decreetal amount from the date of filing the present suit till its realization. Cost of the suit is also awarded in favour of the plaintiff. Decree sheet be prepared accordingly. File be consigned to record room.
Announced in the open court (Vikas Dhull)
Dated: 31.01.2012 SCJ:RC
Dwarka/Delhi
CS NO: 273/11 5/5