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Delhi District Court

Corporate Office At vs M/S Cloud Act Business Services Pvt. Ltd on 8 July, 2023

      IN THE COURT OF VASUNDHRA CHHAUNKAR,
           ADDITIONAL SENIOR CIVIL JUDGE,
     NEW DELHI DISTRICT, PATIALA HOUSE COURT,
                    NEW DELHI

Civil Suit No:683/2022
M/s R.C. Freight Forwarders Pvt. Ltd.
Through its Managing Director.

Regd. Office at:
Office No.3, 1st Floor,
27, Faiz E Akhtar Building
A.U. Memon Street, Memonwada,
Mandvi Mumbai City,
Maharashtra-400003.

Corporate Office at:
408, 4th Floor, Ansal Bhawan,
K.G. Marg, New Delhi-110001                                           ........Plaintiff

                         Versus

M/s Cloud Act Business Services Pvt. Ltd.
Through Managing Director,
Khasra No.19/15, A-11, Inder Enclave,
Mubarakbar Dabas Phase Vidhyapati
Nagar, North West, Delhi-110081                                  .........Defendant

                Date of Institution                : 26.05.2022
                Date on which judgment was reserved: 03.07.2023
                Date of pronouncing judgment       : 08.07.2023

     SUIT FOR RECOVERY OF RS.2,16,065/- ALONGWITH
                     INTEREST

                               JUDGMENT

1. This is a suit for recovery of Rs.2,16,065/-alongwith pendente lite and future interest against the defendant.

2. In brief, case of the plaintiff is that the plaintiff is a CS No.683/2022 M/s R.C. Freight Forwarders Pvt. Ltd. Vs. M/s Cloud Act Business Service Pvt. Ltd.

company duly registered under the Companies Act, 1956 having its registered office at Office No.3, 1st Floor, 27, Faize Akhtar Building, A.U. Memon Street, Memonwada, Mandvi Mumbai City, Maharashtra-400003 and Corporate Office at 408, 4 th Floor, Ansal Bhawan, K.G. Marg, New Delhi-110001. It is averred that the plaintiff company appointed Mr. Chirag Gupta as the AR to sign, verify and file the present suit vide Resolution dated 14.07.2021. It is further averred that the plaintiff company is carrying on the business of logistics of cargo for air exports i.e. the customers approach the plaintiff company for shipment of their products for export. All the entries for the air export, issuance of vouchers and receipt of the amounts from their customers are maintained and updated regularly by the Accounts Department of the plaintiff company through its network of computers and accountants. It is averred that the the defendant through its Director Mr. P.K. Jha approached the plaintiff company for sending their cargo by air export during the period from 29.02.2020 to 01.04.2020 and the amount for the cargo for air exports amounted to Rs.3,31,065/- towards freight charges. The defendant made payment of Rs.1,15,000/- till 15.06.2020 and became liable to pay the balance amount of Rs.2,16,065/- towards the balance freight charges. The plaintiff rendered the services without any complaint and the defendant was fully satisfied with the services rendered by the plaintiff. The representative of the plaintiff had been asking the defendant from time to time to clear the said outstanding amount of Rs.2,16,065/- and sent the various mails / calls to the defendant but the defendant failed to make the payment. Thereafter, the plaintiff sent a legal notice dated 03.08.2021 by mail to the CS No.683/2022 M/s R.C. Freight Forwarders Pvt. Ltd. Vs. M/s Cloud Act Business Service Pvt. Ltd.

defendant but despite service, defendant failed to make the payment. Hence, the present suit along with interest.

3. Summons to the defendant served. But despite service, defendant failed to appear. Accordingly, defendant was proceeded ex-parte vide order dated 25.02.2023 and the case was fixed for ex-parte plaintiff's evidence.

4. In ex-parte plaintiff evidence, plaintiff examined its AR Sh. Chirag Gupta as PW1. He has tendered his evidence by way of affidavit Ex.PW1/A. He has reiterated the contents of the plaint on oath. Therefore, they are not reproduced herein for the sake of brevity and to avoid repetition. He has relied upon following documents:-

a) Resolution dated 14.07.2021 is Ex.PW1/1;

b) Copies of invoices / bills are Ex.PW1/2 to Ex.PW1/11;

c) Copy of ledger accounts of the defendant is Ex.PW1/13;

d) Copy of email dated 24.12.2020 is Ex.PW1/14;

e) Copy of legal notice dated 03.08.2021 is Ex.PW1/15;

f) Proof of mail service is Ex.PW1/16.

Thereafter, ex-parte PE stands closed.

5. Final arguments are heard. Record perused.

6. The testimony of PW1 has remained un-impeached. He has consistently, categorically and unequivocally testified that the defendant availed the services of the plaintiff on the basis of documents i.e. Resolution dated 14.07.2021-Ex.PW1/1; copies of invoices / bills-Ex.PW1/2 to Ex.PW1/11; copy of ledger accounts of the defendant-Ex.PW1/13; copy of email dated 24.12.2020-Ex.PW1/14; copy of legal notice dated 03.08.2021- Ex.PW1/15; proof of mail service-Ex.PW1/16. Thus, as per the CS No.683/2022 M/s R.C. Freight Forwarders Pvt. Ltd. Vs. M/s Cloud Act Business Service Pvt. Ltd.

said documents, the defendant is liable to repay the said outstanding amount. The suit has been filed within limitation. The suit of the plaintiff has remained uncontroverted and unrebutted as despite service, the defendant did not appear and defendant was proceeded ex-parte. In view of the aforesaid documents and testimony of PW1, there exists no reason to disbelieve the case of the plaintiff. Hence, all the averments made in the plaint and documents placed on record are deemed to be admitted and stand duly proved. By virtue of the un- impeached testimony of PW-1 and the documents placed on record by him, I am satisfied that, on the date of institution of this suit, a total amount of Rs.2,16,065/- was due and payable by the defendant to the plaintiff.

7. In respect of pendente lite and future interest, the plaintiff has claimed interest @ 15% per annum. However, the pendentelite and future interest @ 9% per annum would serve the ends of justice.

8. Thus, the suit of the plaintiff is decreed in favour of the plaintiff and against the defendant for the sum of Rs.2,16,065/- (Rupees Two Lakhs Sixteen Thousand and Sixty Five Only) alongwith interest at the rate of 9% per annum till the date of filing of this suit and pendente lite and future interest till its realisation. The defendant is liable to pay the said decreetal amount.

9. Cost of the suit is assessed as Rs.5030/- and it is also awarded in favour of the plaintiff and against the defendant.

M/s R.C. Freight Forwarders Pvt. Ltd. Vs. M/s Cloud Act Business Service Pvt. Ltd.

Decree sheet be drawn accordingly.

File be consigned to the record room after due compliance.

Announced in open Court on 08.07.2023 VASUNDHRA CHHAUNKAR ADDITIONAL SENIOR CIVIL JUDGE, PATIALA HOUSE COURTS, NEW DELHI CS No.683/2022 M/s R.C. Freight Forwarders Pvt. Ltd. Vs. M/s Cloud Act Business Service Pvt. Ltd.