Delhi District Court
Team Computer Pvt Ltd vs Ashpra Skills Pvt Limited on 3 February, 2026
IN THE COURT OF RUBY ALKA GUPTA,
DISTRICT JUDGE, (COMMERCIAL COURT)-02,
EAST DISTRICT, KARKARDOOMA COURTS, DELHI.
CS (COMM.) No. 26/2023
CNR No. DLET01-013908-2022
In the matter of:
M/s Team Computes Pvt. Ltd.
Having registered office at No. 1, Mohammadpur
Near Bhikaji Cama Place
New Delhi-110066. .....Plaintiff
Versus
1. Ashpra Skills Private Ltd.
402, Plot No. 24, CGHS,
Technology Apartment
Patparganj, New Delhi-110092.
2. Zephyr Limited
B-13A, Media Centre
Institutional Area
Sector-62, Noida
UP-201207. .......Defendants
Date of institution : 17.12.2022
Date of reserving judgment : 14.01.2026
Date of announcement : 03.02.2026
CS(COMM) 26/2023 Judgment dated 03.02.2026
M/s Team Computers Pvt. Ltd. Vs. M/s Asphra Skills Pvt. Ltd. & Anr. Page No. 1 of 8
JUDGMENT
1. Vide this judgment, the present suit for recovery of Rs.4,01,500/- (Rupees four lakh one thousand and five hundred only) shall be disposed off. Submissions have been heard. File has been perused.
2. Summons of the suit were issued to the defendants. Summons were served upon the defendants through email on 06.02.2023. None appeared on behalf of either defendant nor any written statement was filed. Right of the defendants to file WS was forfeited vide order dated 10.08.2023. Thereafter, the defendants were proceeded against ex- parte vide order dated 21.07.2025. Since the defendants were proceeded against ex-parte, issues were not required to be framed.
3. The plaintiff examined Ms. Ahona Mukherjee, AR of plaintiff as PW1. Her evidential affidavit is Ex. PW 1/A. The documents exhibited in his testimony are as follows:
S. Particulars of the document Exhibit No. No. 1. Non-starter report dated 03.02.2022 Ex.PW1/1
2. Copy of board resolution dated 02.01.2025 in Mark A favour of the AR CS(COMM) 26/2023 Judgment dated 03.02.2026 M/s Team Computers Pvt. Ltd. Vs. M/s Asphra Skills Pvt. Ltd. & Anr. Page No. 2 of 8
3. True copy of work order/purchase order no. Mark B ASPL/19/20/210801 dated 21.08.2019
4. True copy of tax invoice no. GST1920DL-18133 Ex. PW 1/4 dated 25.10.2019
5. True copy of tax invoice no. GST1920D1-22 dated Ex. PW 1/5 27.12.2019
6. Copy of minutes of meeting dated 04.03.2023 Mark C
7. True copy of printouts of chain emails reminding Ex. PW 1/7 qua pending amount (colly)
8. Chain emails of demand letters issued by the Ex. PW 1/8 plaintiff to the defendants (colly)
9. Copy of legal notice dated 02.11.2021 Ex. PW 1/9 Averments in the plaint
4. The plaintiff is stated to be a company duly incorporated under the Companies Act, 1956. Plaintiff is stated to be providing IT Software and development solutions. It is recognized by the IT stakeholders as a premier IT service provider providing custom based solutions for any and all kind of businesses. The company is recognized as a global face for infrastructure solutions, cloud solutions, business apps, digital experience solutions, infrastructure managed services and IT financial services.
5. The defendant no.1 has been founded under the aegis of defendant no. 2. Both the defendants are stated to be skill development companies engaged in institutionalized skill CS(COMM) 26/2023 Judgment dated 03.02.2026 M/s Team Computers Pvt. Ltd. Vs. M/s Asphra Skills Pvt. Ltd. & Anr. Page No. 3 of 8 development in various sectors including automotive, apparel, agriculture, beauty and wellness, capital goods, construction, domestic workers, electronics & hardware, food processing, healthcare, IT-Ites, logistics, mining, security & telecom.
6. The defendants had approached the plaintiff in August, 2019 to engage the company's services with respect to developing a software application on Android platform + admin panel + admin panel (dot.net). The defendant no. 1 issued a work order dated 21.08.2019 containing the terms of payment. As per the conditions of the work order 50% of the payment was to be released in advance on the date of agreement and rest 50% after implementation sign off. Pursuant to the work order, the plaintiff started working on the assignment and thereafter raised two invoices dated 25.10.2019 and 27.12.2019. The cumulative sum of work order was Rs. 6,49,000/- including taxes.
7. The plaintiff worked on the assignment and delivered the same successfully. The defendant was to give a sign off. Emails were sent by the defendant no. 2 on behalf of defendant no. 1 to the plaintiff regarding demo session and payment. The defendant, however, kept postponing the same in order to avoid making payment due. The plaintiff has received part payment of Rs.2,47,500/- for its service and server cost.
CS(COMM) 26/2023 Judgment dated 03.02.2026 M/s Team Computers Pvt. Ltd. Vs. M/s Asphra Skills Pvt. Ltd. & Anr. Page No. 4 of 8
8. Both the parties conducted a delivery discussion meeting wherein drawbacks suffered by the defendants' company were recorded. The plaintiff has sent innumerable demand letters asking for Rs.4,01,500/-
9. The plaintiff got issued a legal notice dated 08.11.2021 upon the defendants. Yet, the defendant failed to make the payment. The plaintiff approached East District Legal Services Authority for pre- litigation mediation. A non starter report was issued by the authority on 03.02.2022.
10. The plaintiff, therefore, seeks a decree of Rs.4,01,500/- (Rupees four lakh one thousand and five hundred only) alongwith pendente- lite and future interest at the rate 24% per annum. Costs of the suit is also prayed for.
Contentions of the plaintiff.
11. The Ld. counsel for the plaintiff reiterated the averments contained in the plaint. He submitted that the defendant did not clear the outstanding dues. Therefore, defendant was liable to pay the outstanding dues. He prayed for interest to be awarded at the rate sought as well as for costs of the suit to be awarded to the plaintiff.
Observations of the Court CS(COMM) 26/2023 Judgment dated 03.02.2026 M/s Team Computers Pvt. Ltd. Vs. M/s Asphra Skills Pvt. Ltd. & Anr. Page No. 5 of 8
12. The defendants were proceeded against ex-parte. They did not file written statements nor led any evidence on their behalf. The plaintiff's witness was not even cross-examined on their behalf. The testimony of the PW thus remains unrebutted. There is nothing on record to lead the court to disbelieve such unrebutted testimony.
13. The plaintiff raised invoices from dated 25.10.2019 and 27.12.2019. The present suit was filed on 17.12.2022. The present suit has thus been filed within the period of limitation.
14. The defendant no. 1 runs its business from Patparganj which is located within the territorial jurisdiction of this court. Thus, this Court has the territorial jurisdiction to entertain and to try the present suit.
15. The plaintiff had approached East District Legal Authority for pre-litigation mediation. The non-starter report dated 03.02.2022 has been placed on record. The plaintiff had thus complied with the mandate of Section 12A of the Commercial Courts Act, 2015.
16. Having availed services provided by the plaintiff, the defendants are liable to make payment for said services. The plaintiff is thus entitled to the amount remaining due.
CS(COMM) 26/2023 Judgment dated 03.02.2026 M/s Team Computers Pvt. Ltd. Vs. M/s Asphra Skills Pvt. Ltd. & Anr. Page No. 6 of 8
17. The plaintiff has also sought pendente lite and future interest @ 24% per annum. However, the plaintiff has not placed on record any basis for seeking pendente lite and future interest @ 24% per annum. Mandate of Order 7 Rule 2A (2) & (3) CPC as amended by the CC Act has also not been satisfied by the plaintiff. The plaintiff has not proved its entitlement to interest @ 24% per annum. Interests of justice would be served by granting pendente lite and future interest @ 8% per annum.
18. The relief has been sought against both the defendants. The plaintiff has claimed that the defendant no. 1 has been founded under the aegis of defendant no. 2. No document has been placed on record in support of the said averment. The work order Mark B was issued by defendant no. 1, Asphara Skills Pvt. Ltd. The invoices Ex. PW 1/4 and Ex. PW 1/5 were also raised by the plaintiff upon defendant no. 1 only. It is claimed that defendant no. 2 communicated with the plaintiff on behalf of defendant no. 1. Mere communication would not make defendant no. 2 liable for the payment to be made against the invoices Ex. PW 1/4 and Ex. PW 1/5. Therefore, only defendant no. 1 is liable to pay for the services availed by them from the plaintiff.
19. In the light of the above discussion, the suit of the plaintiff is decreed in favour of the plaintiff and against the defendant no. 1 in the amount of Rs.4,01,500/- (Rupees four lakh one thousand and five hundred only) with interest @ 8% per annum from the date of filing of CS(COMM) 26/2023 Judgment dated 03.02.2026 M/s Team Computers Pvt. Ltd. Vs. M/s Asphra Skills Pvt. Ltd. & Anr. Page No. 7 of 8 the suit (i.e 17.12.2022) till realization of the amount. Costs of the suit are also awarded to the plaintiff.
20. Decree sheet be accordingly drawn. Copy of judgment be supplied to the Ld. Counsel for the parties in terms of Order XX Rule 1 CPC, as amended by the Commercial Courts Act, 2015.
21. File be consigned to record room thereafter.
Digitally signed by
RUBY ALKA RUBY ALKA GUPTA
GUPTA Date: 2026.02.10
11:50:35 +0530
Announced in the Open Court (RUBY ALKA GUPTA)
on 03rd February, 2026 District Judge (Comm. Court)-02,
East District/KKD Courts/Delhi
CS(COMM) 26/2023 Judgment dated 03.02.2026
M/s Team Computers Pvt. Ltd. Vs. M/s Asphra Skills Pvt. Ltd. & Anr. Page No. 8 of 8