Delhi District Court
Rx Infotech Pvt. Ltd vs Mr. Yogesh Tomer on 18 July, 2023
IN THE COURT OF Ms. NIRJA BHATIA
DISTRICT JUDGE (COMM. COURT-06),
SOUTH-EAST DISTRICT, SAKET COURT, NEW DELHI
CS (Comm) 206/2021
Rx Infotech Pvt. Ltd.
through its Authorised Representative
601, Bhandari House,
91, Nehru Place, New Delhi-19.
..... Plaintiff
Vs.
Mr. Yogesh Tomer
Proprietor of M/s Yogesh Enterprises
31, Anoop Nagar, Fazalpur,
Meerut-250001, UP.
..... Defendant
Date of Institution: 31.03.2021
Arguments concluded on : 18.07.2023
Date of Judgment : 18.07.2023
JUDGMENT
By this Ex-parte judgment, I shall decide the present suit which is filed for recovery of Rs. 3,68,044/- alongwith future interest. The suit is instituted by Rx Infotech Pvt. Ltd. (hereinafter referred as plaintiff), through its authorised representative, against Sh. Yogesh Tomer, (hereinafter referred as defendant), proprietor of M/s Yogesh Enterprises.
2. Plaintiff states that the parties were engaged in the business transactions as plaintiff is carrying out the work of providing services for network solution, access solution and is authorised distributor for computer accessories for Dell, HP, IBM and ACER. The defendant approached the plaintiff and represented as proprietor of M/s Yogesh Enterprises. In the course of transactions, the plaintiff supplied goods and services against M/s Rx Infotech Pvt. Ltd. Vs. Yogesh Tomer Page no. 1 of 5 invoices and a running account was maintained. As per the books of accounts, an amount of Rs. 3,31,914/- is shown outstanding on which an amount of Rs. 36,130/- is asked as interest.
3. The defendant was called upon to clear the outstanding repeatedly, however, no response was received. The defendant, hence, has committed breach of terms and conditions of concluded contract and is liable to pay interest @ 2%. The plaintiff states that the legal demand notice dated 27.12.2019 was sent, copy of which was also forwarded through e-mail. However, no payments were realised. Pre-institution mediation was resorted to, however, proceedings remained non-starter. The suit, accordingly, is filed seeking the abovementioned relief.
4. The present suit was instituted on 31.03.2021. After observing that compliance under the Commercial Courts, Commercial Divisions and Commercial Appellate Division of High Courts (amended) Act, 2018 were complete, process was directed to be issued. Efforts were made for service upon the defendant, whereafter, the defendant was directed to be served through WhatsApp and e-mail in terms of provisions of Rule 12, 13 and 14 of Delhi District Court Services Rules. The summons which were sent through the Nazarat Branch vide e-mail and WhatsApp were reported to have been served on 09.02.2023 and as no appearance was received despite service, the opportunity to file written statement was closed on 09.02.2023. As no appearance is received up till date, defendant was proceeded exparte vide order of the date.
5. Exparte evidence was tendered by way of an affidavit. PW-1 Sh. Ram Ujagar Verma tendered his examination-in-
M/s Rx Infotech Pvt. Ltd. Vs. Yogesh Tomer Page no. 2 of 5 chief by way of an affidavit and exhibited the following documents:
(1) The board resolution as Ex. PW-1/1. (2) The original invoices as Ex. PW-1/2 (colly). (3) The ledger account statement as Ex. PW-1/3. (4) Legal notice as Ex. PW-1/4.
(5) Postal receipts as Ex. PW-1/5 & Ex. PW-1/6. (6) Copy of e-mail through which legal notice is sent as Ex. PW- 1/7.
(7) Non-starter report as Ex. PW-1/8. (8) Certificate under Section 65-B of Indian Evidence Act as Ex. PW-1/9.
(9) Original courier receipts dated 01.06.2019 and 22.06.2019 alongwith its delivery report through which the goods were supplied as Ex. PW-1/10 (colly).
Thereafter, plaintiff's evidence was closed.
6. Exparte final arguments have been addressed. I have heard the same and have gone through the record.
7. It be observed that there is no rebuttal or contraversion to the statement of plaintiff. The plaintiff has specifically brought on record the invoices through which the supply of material is made. Besides, the invoices are supported with the ledger which in terms of Section 34 Indian Evidence Act is construed to be containing entries maintained in the usual course of business and are hence believe worthy. The supply of material is also established through the delivery challan Ex. PW-1/10. There is no rebuttal to any of the aforementioned statement as the defendant did not even respond to the legal notice Ex. PW-1/4 and non-starter report Ex. PW-1/8. The claim of the plaintiff is M/s Rx Infotech Pvt. Ltd. Vs. Yogesh Tomer Page no. 3 of 5 deemed to have been proved in preponderance of probabilities and hence is decreed for the amount of Rs. 3,68,044/-. In context of award of interest and its quantum, it be observed that present is a commercial transaction and the provisions of Section 34 CPC are to be made applicable. Having regard to aforesaid, interest @ 12% is accorded from the date of filing the present suit till realization alongwith cost on account of Court fees of Rs. 6,100/-. No certificate of counsel's fee is filed, however, Rs. 15,000/- is accorded towards litigation expenses under Section 35 CPC.
8. Decree sheet be accordingly drawn.
9. File be consigned to record room after completion of the necessary formalities.
(Nirja Bhatia) District Judge (Commercial Court -06) South-East, Saket Courts, New Delhi 18.07.2023 M/s Rx Infotech Pvt. Ltd. Vs. Yogesh Tomer Page no. 4 of 5 CS (Comm) 206/2021 M/s Rx Infotech Pvt. Ltd. Vs. Yogesh Tomer 18.07.2023 Present: Sh. August Kumar and Sh. Rohit Khankari, Ld. Counsels for the plaintiff.
None for the defendant.
As none has appeared on behalf defendant despite repeated calls, defendant is proceeded exparte.
PW-1 Sh. Ram Ujagar Verma has tendered his exparte evidence by way of an affidavit and is discharged.
Exparte arguments heard. Record perused.
Vide separate exparte judgment announced in the open Court today, suit of the plaintiff is decreed.
Decree sheet be drawn.
File be consigned to Record Room after completion of necessary formalities.
(Nirja Bhatia)
District Judge (Commercial Court-06)
South-East, Saket Courts, Delhi
ISB 18.07.2023