Delhi District Court
Shri Amir Saifi @ Amiruddin vs M/S Arsh Associates Pvt. Ltd on 9 July, 2018
IN THE COURT OF SHRI SANJAY SHARMAI :
ADDITIONAL DISTRICT JUDGE 02 (EAST)
KARKARDOOMA COURTS : DELHI
Civil Suit No. 332/2017
Shri Amir Saifi @ Amiruddin
S/o Shri Shahabuddin
Proprietor of M/S National Furniture
43, Street No. 4A , Aaram Park
Shastri Nagar,
Delhi - 110 031 ...............Plaintiff
Versus
M/S Arsh Associates Pvt. Ltd.
Through its Directors
1.Shri Amit Gupta S/o Shri Devnath
2. Shri Shah Alam Khan @ Shehzad Khan
3. Shri Dilip Singh Kumar All at : 150, 2nd floor, Sarai Julena New Delhi - 110 025 ................Defendants Date of institution : 15.5.2017 Date of reserving judgment : 04.7.2018 Date of judgment : 09.7.2018 J U D G M E N T :
The plaintiff has preferred the present suit against the defendants for recovery of Rs. 4,98,735.90 alongwith interest @ 24% per annum from the date of filing the present suit, till its realization as well as for mandatory injunction .
2. In brief, the facts as averred in the plaint are that the plaintiff Civil Suit No. 332/2017 1 of 4 is engaged in the furniture work and is running his business under the name and style of M/S National Furniture. It is averred that on 01.5.2016, the defendant placed a work order upon the plaintiff vide letter dt. 01.5.2016, with request to complete the work within 60 days to be done at PNB Headquarter, Sector10, Dwaraka, New Delhi. The plaintiff accepted the rates, terms and conditions mentioned in the letter and subsequently, completed the work in all respects on 25.6.2016. The plaintiff submitted the bill dt. 21.6.2016 for a total sum of Rs.5,48,735.90 to the defendant who transferred a sum of Rs.50,000/ in the account of the plaintiff through NEFT on 05.7.2016. However, despite number of requests and demands, the defendants failed to pay the balance amount of Rs.4,98,735.90. It has also been averred that the machinery and tools used by the plaintiff are still lying at the site.
3. On 09.3.2017, the plaintiff sent a legal demand notice dt. 08.3.2017 but the defendant neither made the payment nor returned the machinery and tools of the plaintiff. Hence, through the present suit, the plaintiff has requested to pass a decree in his favour for a sum of Rs.
4,98,735.90 alongwith interest @ 24% per annum from the date of filing the present suit, till its realization as well as for mandatory injunction in respect of the machinery and tools lying at the site.
4. Summons of the suit were issued to the defendant company through its directors, which put in its appearance through Shri Rajesh Sharma - Advocate. Since the company is a legal entity, its service is also sufficient as to its Directors. Written statement was directed to be filed. However, neither the written statement was filed nor anyone appeared for the defendant on the adjourned date, i.e. 21.2.2018. Hence, defendants Civil Suit No. 332/2017 2 of 4 were proceeded against exparte vide the order of even date.
5. The plaintiff only examined himself as PW1 in his exparte evidence and relied upon certain documents, i.e. work order dt. 01.5.2016 issued by the defendant as Ex.PW1/1, copy of bill dt. 21.6.2016 as Ex.PW1/2, legal notice Ex.PW1/3 and postal receipts Ex.PW1/4.
6. I have heard Shri Abid Hussain - Ld. Counsel for the plaintiff and have also gone through the records of the case.
7. It has been deposed by the plaintiff/PW1 that the work order placed vide letter dt. 01.5.2016, which has been proved by him as Ex.PW1/1, was received by him at A36, 1st floor, Guru Nanakpura, Laxmi Nagar, Vikas Marg, Delhi which was duly accepted by him on the terms and conditions mentioned in the said order. Hence, this Court has territorial jurisdiction to try the present suit.
8. The evidence led by the plaintiff has gone unrebutted and unchallenged and there is nothing on record to disbelieve the same. The work order was placed on 01.5.2016 vide which it was requested on behalf of the defendant company to complete the work within 60 days. The plaintiff completed the entire work on 25.6.2016 and raised the bill Ex.PW1/2 on the defendant company. It has been deposed by PW1/plaintiff that a sum of Rs.50,000/ was credited into his account through NEFT on 05.7.2016, and the balance amount of Rs.4,98,735.90 was never paid by the defendants. The present suit was filed on 12.5.2017 and thus, has been filed within the period of limitation.
9. It was rightly contended by Ld. Counsel for the plaintiff that despite the execution of the work order in time, the defendants failed to make the balance payment and thus, the plaintiff had a valid cause of Civil Suit No. 332/2017 3 of 4 action against the defendants. The defendants also failed to pay the balance amount despite service of legal demand notice Ex.PW1/3. They even did not return the machinery and tools of the plaintiff lying at the site. The defendants even did not file the written statement after receipt of the copy of the plaint and annexures in the Court through their advocate and thus, it can be presumed that they have accepted the pleadings of the plaintiff, despite having opportunity to contest the same and to present its defence.
10. Accordingly, the defendant company is liable to pay to the plaintiff a sum of Rs.4,98,735.90/. The plaintiff is also entitled for interest on the said amount from the date of filing of the present suit, @ 24% per annum as claimed by him.
Relief :
11. In view of the above, the suit of the plaintiff is hereby decreed in his favour and against the defendants and it is directed that the defendants shall pay a sum of Rs.4,98,735.90/ to the plaintiff and shall also pay interest @ 24% per annum w.e.f. date of filing of the present suit till the date of actual realization .
A decree of mandatory injunction is also passed in favour of the plaintiff and against the defendants directing the defendants to return the machinery and tools of the plaintiff to him.
Cost of the suit are also awarded to the plaintiff. Decree Sheet be prepared accordingly. File be consigned to Record Room.
Announced in the open Court
Digitally signed by SANJAY SHARMA
SANJAY SHARMA Location: Delhi
Date: 2018.07.09 15:46:55 +0530
ON 9th day of July 2018 (SANJAY SHARMAI)
Addl. District Judge02 (East)
Karkardooma Courts, Delhi
Civil Suit No. 332/2017 4 of 4