Delhi District Court
Darcl Logistics Ltd vs M/S Surya Pharmaceuticals Ltd on 29 November, 2018
IN THE COURT OF MS. DHANASHREE DEKA, CIVIL JUDGE05,
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
CS No. 599195/2016
DARCL Logistics Ltd.
(Formerly Known as Delhi Assam
Roadways Corporation Ltd.)
Having its Registered Office at:
M2, Himland House,
Karampura Commercial Complex,
New Delhi. .... Plaintiff
Versus
1.M/s Surya Pharmaceuticals Ltd.
1596 First Floor, Bhagirath Palace, Chandni Chowk, Delhi110006.
Also At:
SCO164165, Sector 9C, Chandigarh160009.
2. M/s Surya Healthway Ltd.
Through its Director Mr. Deepak Thakkar 911, 9th Floor, Surya Kiran Building, 19 K.G. Marg, Connaught Place, New Delhi110001.
CS. No.599195/16 Darcl Logistics Ltd. Vs. M/s Surya Pharmaceuticals Ltd. & Anr. Pg. No. 1 of 8
3. M/s Surya Healthway Pvt. Ltd.
B1 & B2, Basement, Plot No. H10, Express Arcade, Netaji Subhash Place, Pitampura, Delhi.
4. Mr. Deepak Thakkar G.M. Finance (OTC & FMCG) M/s Surya Pharmaceuticals, 1596 First Floor, Bhagirath Palace, Chandni Chowk, Delhi110006.
Director M/s Surya Healthway Ltd.
911, 9th Floor, Surya Kiran Building, 19 K.G. Marg, Connaught Place, New Delhi110001.
And Director M/s Surya Healthway Pvt. Ltd.
B1 & B2, Basement, Plot No. H10, Express Arcade, Netaji Subhash Place, Pitampura, Delhi.
5. Surya Healthcare Pvt. Ltd.
601, Surya Kiran Building, 19 K.G. Marg, Connaught Place, New Delhi110001.
Also At:
D168, Okhla Industrial Area, PhaseI, New Delhi110021. .... Defendants CS. No.599195/16 Darcl Logistics Ltd. Vs. M/s Surya Pharmaceuticals Ltd. & Anr. Pg. No. 2 of 8 PLAINT FOR RECOERY OF A SUM OF Rs.2,69,611/ ALONGWITH INTEREST PENDENTE LITE AND FUTURE AT 18% PER ANNUM.
Date of Institution : 25.08.2014
Date reserved for Judgment : 03.10.2018
Date of Judgment : 29.11.2018
EXPARTE JUDGMENT
1. Vide this judgment, the present suit for recovery of Rs.2,69,611/ filed by the plaintiff against the defendants shall be disposed off.
2. Brief facts, as per the plaint, is as under:
(a) The plaintiff is a body corporate, incorporated under the Companies Act, 1956 and having its registered office in New Delhi.
(b) Sh. Hari Prakash Agarwal is the Assistant Manager of the plaintiff company and has been authorized by plaintiff to institute the present suit by way of SPA dated 23.07.2014.
(c) Defendant no.1 to 3 and 5 are sister companies and are part of the larger Surya Group of Companies. Defendant no.4, representing himself as Director to defendant no. 2 and 3 and as General Manager of defendant no.1 and as handling the affairs of defendant no.5, contacted the plaintiff in 2011 on behalf of all the defendants. Thereafter, defendant no.5 entered into an arrangement CS. No.599195/16 Darcl Logistics Ltd. Vs. M/s Surya Pharmaceuticals Ltd. & Anr. Pg. No. 3 of 8 with the plaintiff whereby plaintiff was to transport fruit juices and pulp from M/s Godrej Hersheys, Mandeep to various destinations including to defendant no. 1 to 3 and 5. The bills/invoices and consignment notes were to be issued in name of defendant no.2.
(d) Plaintiff received work orders from the defendants from time to time and accordingly delivered the goods to various destinations, including to the defendants.
(e) However, defendants failed to make payment of rupees total '06' invoices and as per the statement of account maintained by the plaintiff an amount of Rs.1,98,244/ became due as principal sum from the defendants towards the plaintiff.
In this background, plaintiff filed the present suit seeking recovery of Rs.2,69,611/, out of which Rs.1,98,244/ is the principal sum and Rs.71,367/ is prelitigation interest. Plaintiff also prays for pendente lite and future interest @ 18% p.a.
3. As recorded in ordersheet dated 25.05.2016, defendant no.1 and 5 were duly served on 14.04.2016 and defendant no.2,3 and 4 were served by way of publication on 18.12.2015. Despite service, defendants failed to appear and suit was proceeded exparte against defendants vide order dated 25.05.2016. Matter was then put up for ex parte PE.
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4. Sh. Hari Prakash Aggarwal, Authorized Representative of plaintiff company stepped into the witness box as PW1. He filed and tendered his evidentiary affidavit in Ex.PW1/A and relied upon following documents:
Sr. Exhibits/ Marks Description of documents No.
1. Ex.PW1/1 Special Power of Attorney.
2. Ex.PW1/2 Ledger Account as maintained by the plaintiff.
3. Ex.PW1/3 to Ex. Covering letters dated 23.05.2012 (OSR), PW1/5 (colly) 13.06.2012 (OSR) and 23.07.2012 alongwith office copies of the invoices and consignment notes.
4. Ex.PW1/6 (colly) Computer printouts of email correspondence.
5. Ex.PW1/7 Office copy of letter dated 30.03.2012.
6. Ex.PW1/8 to Ex. Office copies of legal notices dated PW1/18 23.10.2013 and 19.02.2014 alongwith original postal receipts/ AD card.
7. Ex.PW1/19 Certificate U/S 65B of the Indian Evidence Act.
5. The said witness was duly examined in chief. Thereafter, vide separate statement of AR of the plaintiff company recorded on 04.01.2017, exparte PE was closed.
6. Exparte final arguments of Ld. counsel for the plaintiff CS. No.599195/16 Darcl Logistics Ltd. Vs. M/s Surya Pharmaceuticals Ltd. & Anr. Pg. No. 5 of 8 heard. Record perused.
7. PW1 proved the Power of Attorney in Ex. PW1/1 issued in his favour by the plaintiff company. PW1 also proved the documents in Ex. PW1/2 to Ex. PW1/19. Ex. PW1/3 to Ex. PW1/5 are various letters written by the plaintiff, namely letter dated 23.05.2012, letter dated 13.06.2012 and letter dated 23.07.2012, whereby the plaintiff had raised various invoices in the name of defendant no.2. The consignment slips in Ex. PW1/3 to Ex. PW1/5 go on to substantiate the averment in the plain that consignments were delivered by the plaintiff to the defendants of the present matter. Ex.PW1/6 and Ex. PW1/7 are various email correspondence had between the plaintiff and the defendants, including a letter dated 30.05.2013. Perusal of the email correspondence in Ex. PW1/7 shows that the rates of the invoices concerned were approved by defendant no.4 on behalf of defendant no.1. PW1 also proved the ledger account in Ex.PW1/2 which is duly supported by certificate U/S 65B of Indian Evidence Act which is Ex. PW1/9. Perusal of the statement of account in Ex. PW1/2 shows that an amount of Rs.1,98,244/ is due towards the plaintiff from the defendants. Ex. PW1/8 to Ex. PW1/18 are the copies of legal notices dated 23.10.2013 and 19.02.2014 alongwith their postal receipts/AD cards, which also stands proved by PW1. Perusal of the legal notice in Ex. PW1/8 reveals CS. No.599195/16 Darcl Logistics Ltd. Vs. M/s Surya Pharmaceuticals Ltd. & Anr. Pg. No. 6 of 8 that it is recorded therein that defendant no.4 had assured that the outstanding amount due towards the plaintiff will be duly paid by defendant no.1 & 5.
8. Since the defendant chose not to appear and contest the suit despite being served, the averments in the plaint as well as the documents filed in support of the plaint, have gone unchallenged. The testimony of PW1 who proved the documents Ex. PW1/1 to PW1/19 have also gone unrebutted. As such, the court has no reason to disbelieve the same. In view of the above, the claim of the plaintiff as averred in the instant suit stands established. Thus, suit of the plaintiff is decreed in favour of the plaintiff and against the defendants and plaintiff is held entitled to recovery of the principal amount of Rs.1,98,244/ from the defendants.
9. The plaintiff has also sought prelitigation interest of Rs.71,367/. However, plaintiff has brought no material on record to show that he is entitled to prelitigation interest at the aforesaid rate. In absence of any material filed by the plaintiff to show that he is entitled to prelitigation interest, the prelitigation interest sought by the plaintiff is declined.
10. Plaintiff has also sought pendent lite and future interest at CS. No.599195/16 Darcl Logistics Ltd. Vs. M/s Surya Pharmaceuticals Ltd. & Anr. Pg. No. 7 of 8 the rate of 18% per annum. Considering that the parties to the suit are in commercial relation, court is of the opinion that pendente lite and future interest at the rate of 12% per annum will suffice interest of the justice. Accordingly, plaintiff is held entitled to recover from the defendants the principal amount of Rs.1,98,244/ alongwith pendente lite and future interest at the rate of 12% per annum, i.e. from the date of filing of the present suit till its realization.
11. Suit of the plaintiff accordingly stands decreed alongwith costs of the suit.
12. Decree sheet be prepared accordingly.
13. File be consigned to record room after due compliance.
Digitally signed by DHANASHREE DHANASHREE DEKA DEKA Date:
Announced in the open court 2018.11.29
17:02:54 -0500
on 29.11.2018. (Dhanashree Deka)
Civil judge05/Central
Tis Hazari, Delhi
Present judgment consists of 08 pages and each page is signed by me.
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