Delhi District Court
Genext Green Power Solutions Pvt Ltd vs Next World Technologies on 3 January, 2024
IN THE COURT OF CIVIL JUDGE-01, WEST, TIS
HAZARI COURTS, DELHI
Presided over by- Sh. Vikas Madaan, DJS
CS SCJ No. 858/2019
CNR DLWT 030016272019
Date of institution of suit : 31.05.2019
Date of reservation of Judgment : 12.12.2023
Date of passing of Judgment : 03.01.2024
M/s Genext Green Power Solutions Pvt. Ltd.
having its registered office at
GG-3, III/23, Vikas Puri
New Delhi-110018.
..........Plaintiff
Vs.
M/s Next World Technologies
Through Ms. Jyoti Bansal its proprietor
A-2/121, Janakpuri
New Delhi-110058.
Also at
1F15, Rewari Lane
Mayapuri Industrial Area
Phase-II
New Delhi-110064.
.......... Defendant
Argued by
Sh. K.L. Mishra, Ld. counsel for plaintiff
____________________________________________________
Page no. 1 of 7 CS SCJ No.858/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies
SUIT FOR RECOVERY
JUDGMENT
FACTUAL MATRIX
1. Brief facts of the present case as per plaint are that the plaintiff is a company incorporated under the Companies Act, 1956 and defendant is engaged in the business of import/export of goods/materials from overseas country and while carrying on its business she imported some goods/materials from overseas country and for clearing of the same from customs, she approached plaintiff and agreed to avail its services for clearance of her imported goods/materials at port from customs department. It is stated that plaintiff agreed to defendant's aforesaid request and started providing its services for clearance of her imported goods/materials with the assistance of one of its associate concern namely M/s Sky Moon Impex Cargo services, got her imported goods/materials cleared from customs department and handed over the same to defendant. It is further stated that defendant availed the services of plaintiff and got her imported goods/materials cleared from customs and became liable to pay the fee and other charges/expenses incurred by the plaintiff on her behalf as per bills/debit notes/invoices raised by the plaintiff for the services provided by it. It is further stated that the plaintiff charges/fee for its services which the defendant agreed to pay are giving hereinafter. It is further stated that all statutory/third party payment to be paid on actual basis e.g. custom duty, agency charges and EDI charges, shipping line/delivery order charges, bond charges, labour/forklift charges, online duty processing Page no. 2 of 7 CS SCJ No.858/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies charges and transport charges etc. It is further stated that the plaintiff sent its bills/debit notes/invoices to defendant for the services provided by it and as per ledger account maintained by plaintiff in its books of account in respect of the account of defendant as on 08.06.2017 an amount of Rs.55,826/- became by defendant to plaintiff. It is further stated that the plaintiff maintains account of its each client for record purposes to maintain statutory payments i.e. payment to Container Corporation of India, Airport Authority, Custom Department towards duty, other payments etc. and also amount due and payable to it towards services provided. It is further stated that plaintiff repeatedly requested defendant to pay the aforesaid due amount but defendant, after availing the services of plaintiff and despite its various demands, reminders, phone calls and e mails etc. demanding its aforesaid balance due amount, failed and neglected to pay the same to the plaintiff on one pretext or the other. Since the defendant has been failed to clear the aforesaid due amount of plaintiff even after expiry of more than 1 & ½ years time, hence, defendant became liable to pay interest also on the aforesaid overdue amount at commercial rates i.e. 18 % p.a after 1 week from the aforesaid due dated 08.06.2017 from 16.06.2017 which comes to Rs. 17,317/- uptil 06.03.2019 (for 1 year and 264 days), i.e. total sum of Rs. 73,143/- (Rs. 55,826/- towards principal + 17,317/- towards interest) as on 06.03.2019. It is further stated that a legal demand notice dated 06.03.2019 was sent to defendant but of no avail, hence the present suit has been filed by the plaintiff.
Page no. 3 of 7 CS SCJ No.858/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies
2. By virtue of present suit, the plaintiff has prayed for the following reliefs :
(a) Decree for Rs. 73,143/- due and payable as on 06.03.2019 together with further interest @ 18 % p.a from 07.03.2019 or from the date of filing of the present suit till its realization.
(b) Cost of the suit.
(c) Any such other relief.
3. Defendant was served by way of e mail on 07.11.2020. Vide Order dated 20.07.2022, the right to file W.S was closed and defendant was proceeded ex-parte.
C. PLAINTIFF'S EVIDENCE
4. In order to prove his case plaintiff has examined its AR Sh.
Bibek Kumar Jha as PW-1 and has tendered in evidence his duly sworn in affidavit. Same is Ex. PW 1/A and has relied upon following documents:
Sr. Details of documents Exhibits
No.
1 Certified copy of Board Resolution dated Ex. PW 1/1
20.07.2022
2. Certified copy of board resolution dated Ex. PW 1/ 2 31.03.2018 Page no. 4 of 7 CS SCJ No.858/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies
3. Copy of bills/invoices Ex.PW1/3, Dated 15.12.2015 Ex.PW1/4 Dated 15.12.2015 Ex. PW 1/5 and 08.06.2017
4. Copy of ledger account Ex. PW 1/6
5. Copy of legal demand notice dated Ex. PW 1/7 and 06.03.2019 and postal receipt Ex. PW 1/8
6. Certificate U/s 65 B Ex. PW 1/9 ( with respect to bills and ledger account)
5. Thereafter, vide separate statement made by plaintiff on 12.10.2023 PE was closed and the matter was listed for ex-parte final arguments.
6. I have heard final arguments advanced by Ld. counsel for plaintiff and perused the record.
7. It is apropos to mention that in order to prove its case plaintiff got examined its authorized representative, Sh. Bibek Kumar Jha as PW1. PW-1 in his testimony has placed on record copy of Board Resolution dated 20.07.2022 which shows that AR of plaintiff company had been duly authorized by plaintiff company to pursue the present case on behalf of plaintiff in the court in the present suit. Thus, by placing on record Ex.PW1/1, Sh. Bibek Kumar Jha has duly proved his bona fide to pursue the present case on behalf of Page no. 5 of 7 CS SCJ No.858/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies plaintiff concern. PW-1 in his testimony has placed on record the copy of bills/invoices dated 15.12.2015, 15.12.2015 and 08.06.2017 are Ex. PW 1/3, Ex. PW 1/4 and Ex. PW 1/5 which is for Rs.38451/-, Rs.31244 and Rs. 28131/-. Copy of ledger account is Ex. PW 1/6 which shows the closing balance of Rs. 55,826/- and is duly supported with the certificate U/s 65 B of Indian Evidence Act Ex. PW 1/9. The plaintiff has also filed legal demand notice dated 06.03.2019 i.e. Ex. PW 1/7 and speed post receipt i.e. Ex. PW 1/8 respectively.
8. Thus, on the basis of the conjoint and cumulative appraisal of evidence made as above, it can be stated that, the testimony of PW 1 has remained unrebutted and unblemished as the defendant did not appear to contest the present suit. Further, it is noteworthy to mention that in the first place the testimony of PW1 is on oath, and the same has gone unchallenged as despite service, defendants did not choose to contest the present suit. Therefore, the possibility of doubting the testimony of PW1 stands negated as his testimony remained unblemished. Also, by placing on record the ledger account Ex.PW1/6 of the defendant maintained by plaintiff company, showing the due outstanding amount of the defendant, plaintiff has been able to prove its case on the scale of preponderance of probabilities.
9. In these circumstances, in the considered opinion of the court, by virtue of oral and documentary evidence on record, plaintiff has been able to prove its case for the recovery of sum of Rs 73,143/. The suit of the plaintiff is decreed for Rs.73,143/. The plaintiff has Page no. 6 of 7 CS SCJ No.858/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies prayed for interest @ 18 % p.a which appears unreasonable and not the current prevailing market rate of interest. Plaintiff is granted interest @ 8 % p.a. from the date of filing of suit till its realization. Costs of the suit are also awarded in favour of plaintiff.
Decree sheet be prepared accordingly.
File be consigned to Record Room, after due
compliance.
ANNOUNCED IN THE OPEN
COURT TODAY 03.1.2024
(VIKAS MADAAN)
Note: This judgment contains 7 pages CIVIL JUDGE-01, WEST, TIS HAZARI COURTS, DELHI and each page is signed by the under signed.
Page no. 7 of 7 CS SCJ No.858/2019 M/s Genext Green Power Solutions Pvt.