Delhi District Court
Iris Computers Ltd vs M/S Sri Acl Infoways on 27 April, 2018
IN THE COURT OF MS. TWINKLE WADHWA: LD. ADDITIONAL DISTRICT
JUDGE03:PATIALA HOUSE COURT:NEW DELHI DISTRICT
CS No. 56610/16
IRIS Computers Ltd.
Having its registered office at:
E69, Vasant Marg,
Vasant Vihar, New Delhi
And its corporate office at
A155, Road no4,
Mahipalpur Extension,
New Delhi110057
.....Plaintiff
VERSUS
1.M/s Sri ACL Infoways A Partnership concern having its registered office at:
3rd Floor, Sundaram Arcade (Opp. Central Bus Stand) 13A, Williams Road, Trichy620001
2. Mr. T M Karthi, Partner M/s Sri ACL Infoways 3rd Floor, Sundaram Arcade (Opp. Central Bus Stand) 13A, Williams Road, Trichy620001 CS No. 56610/16 Page 1 of 4
3. Mr. P. Renganathan, Partner M/s Sri ACL Infoways 3rd Floor, Sundaram Arcade (Opp. Central Bus Stand) 13A, Williams Road, Trichy620001 ....Defendants Date of Institution : 22.09.2017 Date of Final Arguments : 13.04.2018 Date of Decision : 27.04.2018 ExPARTE JUDGMENT The Case
1. This suit has been filed by plaintiff company for recovery of Rs. 13,66,613/. Summons of the suit were served upon the defendant by way of publication on 31.08.2016. Despite opportunity, defendant has not filed written statement and was proceeded exparte on 21.10.2016.
Appearance
2. I have heard Ld. Counsel for the plaintiff and have perused the case file. Plaintiff's Case
3. The case of the plaintiff as per plaint and evidence is that Plaintiff is a company registered under the Companies Act and is involved in the business of Computers and peripherals. Sh. R Sundaresan and Sh. Rakesh Bihai officials of the plaintiff company are duly authorised to institute the present suit.
CS No. 56610/16 Page 2 of 43. Defendant no.1 is a partnership concern carrying on business in the city of Trichy, Kerala. Defendants no. 2 and 3 are the partners of the defendant no.1 firm and and they are the people in charge of and responsible for the conduct of the business and financial decision making of the defendant no.1 firm. Defendant no.1 acting through defendants no. 2 and 3 was acting as the retail dealer of products distributed by the plaintiff. Defendants had approached the plaintiff to be appointed as a retailer dealer and were so agreed and so appointed at the plaintiff registered office at Delhi. It is further case of plaintiff that defendants has purchased various material from the plaintiff which have been delivered by the plaintiff to the due satisfaction as to the quality, quantity and specification of the defendants. As the contractual obligations would amply shows that the payment by the defendants of invoice value in time was the essence of the transaction between the parties. However the amount was outstanding inspite of various exhortation made on behalf of the plaintiff.
4. Plaintiff sent a legal notice dated 26.03.2013 to the defendant for demanding the outstanding amount from the defendant. Despite the service of the said notice, defendant denied as payable for it falsely alleged to have been paid already. Hence the present suit is filed.
5. Summons of the suit were served upon the defendant by way of publication on 31.08.2016. Despite opportunity, defendant has not filed written statement and was proceeded exparte on 21.10.2016.
6. To prove its case, Plaintiff examined Sh. R Sundaresan as PW1 and exhibited the following documents CS No. 56610/16 Page 3 of 4 S.No. No. of Exhibits Details of the documents 1 Ex. PW1/1 Authority letter 2 Ex.PW1/2 Application for reseller credit limit agreement 3 Ex.PW1/3 Copy of invoice 4 Ex.PW1/4 (Colly) True copy of notice alongwith original postal receipts 5 Ex.PW1/5 (Colly) Reply dated 16.04.2013 6 Ex.PW1/6 Extract of ledger account 7 Ex.PW1/7 Affidavit u/Sec 65B of Indian Evidence Act
7. I have heard the Ld counsel for plaintiff and gone through the record.
8. In view of above, where the testimony of the plaintiff is uncontroverted and unchallenged and facts are proved on record as defendant failed to appear, plaintiff has been above to prove its case against the defendants.
9. In view of above, it is proved by way of various documents on record i.e copies of invoice and ledger account and other documents that plaintiff had supplied goods as per invoice to the defendant. While defendants have failed to make payment of the same. Hence, plaintiff is entitled to an amount of Rs. 11,02,107/ as principal amount to be paid by defendant along with interest @ 9% from the date of filing of the present suit till actual payment. I hereby also awarded litigation cost of Rs. 25,000/.
Decree Sheet be prepared accordingly.
File be consigned to record room.
Announced in an open Court On 27th day of April, 2018. (Twinkle Wadhwa) ADJ03/PHC/NEW DELHI 27.04.2018 CS No. 56610/16 Page 4 of 4