Delhi District Court
Hfcl Limited vs M/S Advantal Technologies Private ... on 20 December, 2022
IN THE COURT OF MS. SHRIYA AGRAWAL
JSCC, ASCJ, GJ, SOUTH EAST DISTRICT,
SAKET COURTS, NEW DELHI
CS SCJ 943/2021
CNR No. : DLSE03-001508-2021
1.HFCL LIMITED (FORMER HIMACHAL FUTURISTIC COMMUNICATIONS LIMITED) THROUGH ITS AUTHORISED REPRESENTATIVE:
MR. ANIL KUMAR JAIN HAVING ITS REGISTERED OFFICE AT:
8, COMMERCIAL COMPLEX, MASJID MOTH, GREATER KAILASH-II, NEW DELHI-110048 ALSO AT:
1674, JAI LAL MUNSHI LANE, CHANDPOLE BAZAAR, JAIPUR, RAJASTHAN-302001 ......... Plaintiff Versus
1.M/S ADVANTAL TECHNOLOGIES PRIVATE LIMITED REGISTERED OFFICE:
OFFICE NO. 4, PLOT NO. 148, POCKET E-21, SECTOR-3, ROHINI, NEW DELHI-110085 ALSO AT:
D-486, RAMPHAL CHOWK, BLOCK D, PALAM EXTENTION, SECTOR-7, DWARKA, NEW DELHI-110075 BRANCH OFFICE:
209, 1ST FLOOR, RIGHT WING, CS SCJ 943/21 HFCL LIMITED VS. M/S ADVANTAL TECHNOLOGIES PRIVATE LIMITED Page No.1of 6 MPSEDC STP BUILDING, ELECTRONIC COMPLEX, PARDSHIPURA, INDORE-452010, MADHYA PRADESH, INDIA ALSO AT:
6TH FLOOR, 510, SHAGUN TOWER, A.B. ROAD, VIJAY NAGAR SQUARE, INDORE, MADHYA PRADESH, 452010 CORPORATE OFFICE, 436 C, TOWER B3, SPAZE I-TECH PARK, SOHNA ROAD, SECTOR-49, GURUGRAM-122018, HARYANA, INDIA
2.SANDESH TALLERA, DIRECTOR, M/S ADVANTAL TECHNOLOGIES PRIVATE LIMTED 436 C, TOWER B3, SPAZE I-TECH PARK, SOHNA ROAD, SECTOR-49, GURUGRAM-122018 HARYANA, INDIA
3.ASHISH THAKRAL, DIRECTOR AND AUTHORIZED SIGNATORY, 436 C, TOWER B3, SPAZE I-TECH PARK, SOHNA ROAD, SECTOR-49, GURUGRAM-122018 HARYANA, INDIA ........ Defendants SUIT FOR RECOVERY FOR A SUM OF Rs. 2,00,000/-
ALONG WITH INTEREST Date of Institution of the case : 21.08.2021 Date of reserving of judgment : 13.12.2022 Date of pronouncement of judgment : 20.12.2022 CS SCJ 943/21 HFCL LIMITED VS. M/S ADVANTAL TECHNOLOGIES PRIVATE LIMITED Page No.2of 6 EX- PARTE JUDGMENT
1. The present suit has been instituted by the Plaintiff against the Defendants seeking recovery of Rs. 2,00,000/-.
2. Briefly, the Plaintiff is a Company engaged in the business of manufacturing telecommunication equipment, optical fiber cables and intelligent power systems. The Defendant company is engaged in the business of providing offshore software solutions. Defendant no. 2 and 3 are the Directors of Defendant no. 1, stated to be responsible for all the functions related to the business of the Company.
3. It is averred that the Plaintiff had hired the Defendant for SNMP based Network Management System (NMS) Original Equipment Manufacturers (OEM) for the High Capacity Radio Relay (HCRR) Project/ Tender (hereinafter referred to as "Project") for the India Army and the Indian Air Force (IAF) bearing RFP File No. 75961/GS/WE/D/HCRR (DG Sigs)/ RFP Cell dated 07.08.2018. The Defendant had sent a solution design dated 22.12.2018 regarding the Network Management System (NMS) with respect to the Project. Confirmation letters were sent from the Defendant no. 1 in this regard alongwith the necessary follow up. The Defendants had issued a Quotation Summary dated 27.02.2019 to the Plaintiff and subsequently the Purchase Order dated 01.03.2019 bearing the terms and conditions were issued by the Plaintiff to the Defendants vide Email dated 12.03.2019. As per the Quotation Summary, the Plaintiff had transferred an advance amount of Rs. 2,00,000/- to the Defendant CS SCJ 943/21 HFCL LIMITED VS. M/S ADVANTAL TECHNOLOGIES PRIVATE LIMITED Page No.3of 6 vide cheque bearing no. 796190 drawn on United Bank of India, dated 20.03.2019. The same was duly received as acknowledged by the representative of the Defendants viz. Mr. Abhishek on 09.04.2019. The timeline for the execution and completion of project was four weeks from the date of confirmation of Purchase Order dated 01.03.2019. However, the Defendant failed to meet the same. Despite reminder and warnings emails, the Defendants failed to address the issue of significant delay in completion of project. Emails dated 13.09.2019, 16.09.2019, 23.09.2019, 11.10.2019, 15.10.2019, 25.11.2019 have been relied upon by the Plaintiff. The Defendant stopped and abandoned the work and did not respond to the Plaintiff's communications whereupon the engagement inter-se the parties was terminated on 31.12.2019 and the same was duly communicated to the Defendants vide Email dated 31.12.2019. The Plaintiff has therefore claimed refund of the advance paid to the tune of Rs. 2,00,000/-, also having sent a Legal Notice dated 18.08.2020 to the Defendants. The Defendants had sent a reply to the Legal Notice dated 21.10.2020 whereby the receipt of the advance amount of Rs. 2,00,000/- was duly acknowledged, but never returned. Hence the present suit for recovery.
4. Summons were issued to the Defendants vide Order dated 17.01.2022. Despite service, the Defendants failed to appear and contest. The proceedings were eventually set ex-parte against the Defendants vide Order dated 01.06.2022.
5. The Plaintiff deposed through its AR as PW-1 on the strength of his affidavit Ex. PW1/A, tendering in evidence, Board Resolution dated 10.05.2016 (Ex.PW1/1), Copy of Master Data CS SCJ 943/21 HFCL LIMITED VS. M/S ADVANTAL TECHNOLOGIES PRIVATE LIMITED Page No.4of 6 of Defendant No.1 Company and the GST Registration Certificate of Defendant Company (Ex.PW1/2) (colly), Copy of solution design and letters dated 22.12.2018 filed with the suit (Ex.PW1/3) (colly), Copy of quotation summary dated 27.02.2019, Purchase Order dated 01.03.2019 and Email dated 27.02.2019 and 12.03.219 (Ex.PW1/4) (colly), Copy of cheque bearing no.796190 and Receiving dated 09.04.2019 filed with the suit (Ex.PW1/5), Copy of emails dated 13.09.2019, 16.09.2019, 23.09.2019, 11.10.2019, 15.10.2019, 25.11.2019 (Ex.PW1/6) (colly), Copy of termination email dated 31.12.2019 (Ex.PW1/7) (colly), Copy of legal notice dated 18.08.2020, 14.10.2020 and reply dated 21.10.2020, with postal receipts, Tracking reports and Postal envelop (Ex.PW1/8) (colly) and Certificate under Section 65-B Indian Evidence Act (Ex.PW1/B).
6. Ex-parte final arguments have been heard. Record stands perused.
7. The Plaintiff to substantiate its case for recovery has duly proved the claim in the instant suit having tendered in evidence the Purchase Order, Copy of subject cheque no. 796190 issued, reply to the Legal Notice whereby the Defendants had acknowledged receipt of the advance claimed and Email dated 31.12.2019 intimating the Defendant of termination of contractual arrangement inter-se the parties. The Defendants despite grant of opportunity have failed to appear to contest and dislodge the claim of the Plaintiff. The case of the Plaintiff has gone unrebutted and uncontroverted. Accordingly, the Plaintiff for the discussed reasons is hereby held entitled to recovery of Rs. 2,00,000/- from the Defendant No. 1 Company (Company CS SCJ 943/21 HFCL LIMITED VS. M/S ADVANTAL TECHNOLOGIES PRIVATE LIMITED Page No.5of 6 being a separate legal juristic entity and there being no privity with the individual Directors in their personal capacity) along with interest at the rate of 8 % p.a. from the date of the filing of the suit till realization of the decretal amount, the rate prayed for being exorbitant.
8. Decree Sheet be prepared. File be consigned to Record Room as per rules.
(Pronounced in the open court) (Shriya Agrawal) JSCC cum ASCJ cum GJ South East District/Saket Courts 20.12.2022 CS SCJ 943/21 HFCL LIMITED VS. M/S ADVANTAL TECHNOLOGIES PRIVATE LIMITED Page No.6of 6