Delhi District Court
M/S Aps Enterprises (Spl Group) vs Crri (Central Road Research Institute) on 5 January, 2019
Page no. 1 of 6
IN THE COURT OF SH. SUSHIL ANUJ TYAGI, JSCC CUMASCJCUM
GUARDIAN JUDGE, DISTRICT: SOUTHEAST, NEW DELHI.
CS No: 145/18
IN THE MATTER OF :
M/s APS Enterprises (SPL Group)
Plot No.885, Sector15, PartII
Gurugram, Haryana
Through its Proprietor / Authorised Representative
Sh. Pramod Kumar
............PLAINTIFF
VERSUS
1. CRRI (Central Road Research Institute)
Campus & CRRI Qtrs. Mathura Road,
Through its Legal Head, Maharani Bagh
New Delhi110025. (deleted vide order dated 01.02.2018).
2. M/s Godawari Farms & Services
Through its Proprietor / Authorised Representative
200/7, SectorIIIA, Rachna Vaishali,
In United Bank of India Lane
Ghaziabad201010 (U.P)
Also at:
M/s Godawari Farms & Services
Through its Proprietor / Authorised Representative
G9, PocketE 1st Cross Street Allestonia State
Opposite Reliance Fresh, Beta1,
Greater Noida, G.B. Nagar (U.P.)
..............DEFENDANTS
CS No. 145/18 (Sushil Anuj Tyagi)
M/s APS Enterprises Vs. CRRI & Anr. JSCCcumASCJcumGJ
South East, Saket Courts:New Delhi
05.01.2019
Page no. 2 of 6
Date of Institution : 01.02.2018
Date of reserving order : 17.12.2018
Date of Judgment : 05.01.2019
JUDGMENT:
1. This is a suit filed by the plaintiff against the defendants for recovery of Rs. 2,05,908/ alongwith pendente lite and future interest @ 18 % p.a from the due date till realization along with costs.
2. The brief facts of the case as per the plaintiff are as follows:
2.1. It is alleged that Plaintiff is a company incorporated under the Companies Act, 1956. It is alleged that the plaintiff runs a business of Housekeeping Service & Housekeeping Material Supplier and has established in the said business with good repute as well as dealings in the field of housekeeping service & housekeeping material supplier industry and has become a name of reckon. 2.2. It is alleged that the defendant no.2 in the month of January 2017 (07.01.2017) through its Sr. Field executive namely Mr. Vikas Mehraulia approached to the plaintiff company and placed orders for CS No. 145/18 (Sushil Anuj Tyagi) M/s APS Enterprises Vs. CRRI & Anr. JSCCcumASCJcumGJ South East, Saket Courts:New Delhi 05.01.2019 Page no. 3 of 6 housekeeping material to be provided at defendant concerns site namely CRRI (Central Road Research Institute) Campus & CRRI Qtrs, Mathura Road, New Delhi110025 is in the business of facilities Management, Housekeeping Services, Horticulture Services, Security Services, Government Contractor and general order supplier. It is alleged that the defendant no.1 also procures orders from various concerns and supply the requirement as per the demand.
2.3. It is alleged that the representations and solemn assurances the plaintiff got ready to supply the materials to the defendant no.2 as per the instructions of the defendant no.2 and it was further agreed between plaintiff and the defendant no.2 that the defendant no.2 shall clear all the invoices raised by the plaintiff against the bills within one month from the date of the bills.
2.4. It is alleged that the plaintiff has offered his best services as per the demands of the defendant no.2. It is alleged that the plaintiff has supplied housekeeping materials to the defendant's site at CRRI i.e. defendant no.2 since January 2017 to till June 2017.
CS No. 145/18 (Sushil Anuj Tyagi)
M/s APS Enterprises Vs. CRRI & Anr. JSCCcumASCJcumGJ
South East, Saket Courts:New Delhi
05.01.2019
Page no. 4 of 6
2.5. It is alleged that the defendant no.1 is among the customers of the plaintiff who used to purchase various House Keeping materials from the plaintiff against its various Invoices / Bills from time to time.
It is alleged that materials purchased were delivered to the defendant no.2 or the any concerns site of the defendant no.2 against due acknowledgement/receiving by the defendant no.2 or their any concerns site or his representative on the office copy of invoices of the plaintiff through affixing its seal or initials. 2.6. It is alleged that defendant no.2 had made purchase of various House Keeping Materials during the period of January 2017 to June 2017 for which the plaintiff raised the invoices. It is alleged that the House Keeping Materials purchased by the defendant no.2 were delivered to the defendant's site at CRRI i.e. Defendant no.1. 2.7. It is alleged that plaintiff requested the defendant no.1 and 2 to make the payment of the said due amount number of times orally and telephonically but the defendant no.1 and 2 has not paid the same on one pretext or other.
CS No. 145/18 (Sushil Anuj Tyagi)
M/s APS Enterprises Vs. CRRI & Anr. JSCCcumASCJcumGJ
South East, Saket Courts:New Delhi
05.01.2019
Page no. 5 of 6
2.8. It is alleged that the plaintiff has written a letter dated 13.08.2017 and later on 27.08.2018 respectively to the defendant no.1 in respect of House Keeping Material payment. 2.9. It is alleged that as per the statement of account of the plaintiff and above invoices, the plaintiff is legally entitled to recover an amount of Rs.2,05,908/ from the defendant no.1 and 2. 2.10. It is alleged that the plaintiff served a legal demand notice dated 22.11.2017 upon the defendant. However, despite service of legal notice, the defendant did not clear the dues in favour of plaintiff and hence the present suit.
3. Summons to defendant was served but despite service, he failed to appear and thereafter proceeded against exparte vide order dated 23.08.2018.
4. Thereafter, Mr. Pramod Kumar, Proprietor of the plaintiff has led ex parte evidence by way of affidavit Ex.PW1/A wherein plaintiff has reiterated the averments made in the plaint. He has proved the following documents: CS No. 145/18 (Sushil Anuj Tyagi) M/s APS Enterprises Vs. CRRI & Anr. JSCCcumASCJcumGJ South East, Saket Courts:New Delhi 05.01.2019 Page no. 6 of 6 Sl. Exhibits Documents.
no.
1 Ex.CW1/1 Copy of registration certificate. 2 Ex.CW1/2 Original invoices/ cash memo of APS Enterprises 3 Ex.CW1/3 Computer generated email 4 Ex.CW1/4 Original letter dated 27.08.2017 5 Ex.CW1/5 Copy of Letter dated 07.03.2017 6 Ex.CW1/6 Legal notice dated 22.11.2017
5. Mr. Kuldeep, working as AccountantcumDriver with M/s APS Enterprises (SPL Group) has examined as PW2. He relied upon the documents which are already exhibited as Ex.CW1/1 to Ex.CW1/5.
6. Thereafter, Plaintiff Evidence was closed.
7. I have heard the arguments advanced by Ld counsel for the plaintiff and perused the material available on record.
8. The plaintiff has averred that an amount of Rs. 2,05,908/ is due and payable by the defendant no.2 to the plaintiff. To prove its case, plaintiff was examined as PW1 and other witness was examined as PW2 by way of affidavits and has proved the relevant documents as Ex.CW1/1 to CS No. 145/18 (Sushil Anuj Tyagi) M/s APS Enterprises Vs. CRRI & Anr. JSCCcumASCJcumGJ South East, Saket Courts:New Delhi 05.01.2019 Page no. 7 of 6 Ex.CW1/6.
9. The suit of the plaintiff remains uncontroverted and unrebutted as none has appeared on behalf of defendant to cross examine the plaintiff's witness. Hence, all the averments made in the plaint are deemed to be admitted and documents placed on record stand duly proved. Further, the suit of the plaintiff is within the territorial jurisdiction of this court and within prescribed period of limitation as per the Limitation Act. However, interest @ 18% p.a is excessive. In my opinion, pendente lite & future interest @ 9% p.a shall serve the ends of justice.
10. In the light of oral and documentary evidence on record, the suit of the plaintiff is decreed in favour of the plaintiff and against the defendant no.2 M/s Godavari Farms & Services, for a sum of Rs. 2,05,908/ alongwith pendente lite & future interest @ 9 % p.a from the date of filing of suit till its realization.
11. Costs of suit are also awarded in favour of the plaintiff.
12. Decree sheet be drawn accordingly.
CS No. 145/18 (Sushil Anuj Tyagi)
M/s APS Enterprises Vs. CRRI & Anr. JSCCcumASCJcumGJ
South East, Saket Courts:New Delhi
05.01.2019
Page no. 8 of 6
13. File be consigned to record room, after due compliance.
Announced in the open court (Sushil Anuj Tyagi)
today i.e on 05.01.2019 JSCCcumASCJcumGJ
South East, Saket Courts
05.01.2019
CS No. 145/18 (Sushil Anuj Tyagi)
M/s APS Enterprises Vs. CRRI & Anr. JSCCcumASCJcumGJ
South East, Saket Courts:New Delhi
05.01.2019