Delhi District Court
Goel Roadways vs M/S Welcome World Gngineering Srvices on 16 December, 2024
IN THE COURT OF SH.RAJ KUMAR TRIPATHI:
DISTRICT JUDGE (COMMERCIAL COURT)-08
SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI
CS (COMM.) No.1042/2019
{M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another}
CNR No. DLSE01-009835-2019
M/s Goel Roadways,
Head Office at:-
18A, S. N. Majumdar Sarani,
Kolkata - 700 026.
Also at:
1405-07, Devika Tower,
Nehru Place, New Delhi-110019.
........Plaintiff
Through: Mr. S.S. Sobti along with
Ms. Sakshi Bhalla, advocates.
Versus
1. M/s Welcome World Engineering Services,
34A/1, BM, Arjun Nagar,
Near Green Park Extension,
Safdarjung Enclave, New Delhi-110021
Also at:-
Regus Level 9, Spaze I-Tech Park,
A1 Tower, Sector-49, Sohna Road,
Gurgaon, Haryana.
......Defendant no.1
2. Mr. Rajeev Ranjan Kumar,
Proprietor/Partner of
M/s Welcome World Engineering Services,
34A/1, BM, Arjun Nagar,
Near Green Park Extension, Safdarjung Enclave,
New Delhi-110021.
Digitally
Also at:- signed by
Regus Level 9, Spaze I-Tech Park, Raj Raj Kumar
Tripathi
A1 Tower, Sector-49, Sohna Road, Kumar Date:
Gurgaon, Haryana. Tripathi 2024.12.16
12:38:09
+0530
CS (COMM.) No.1042/2019
{M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another}
Page No. 1 of 13
......Defendant no.2
......Defendants
Date of filing : 29.11.2019
Final arguments heard on : 20.11.2024
Date of Judgment : 16.12.2024
JUDGMENT:
1.1 Plaintiff has filed the present suit against defendant for seeking recovery of an amount of Rs.12,64,847/- (Rupees twelve lacs sixty four thousand eight hundred and forty seven only) along with pendente lite and future interest @ 18% per annum from the date of filing of the suit till actual payment/realisation and cost of the suit. Brief Facts of the Case 2.1 Plaintiff is a Partnership Firm duly registered under The Indian Partnership Act and is engaged inter-alia in the business of rendering transportation, logistics and allied services and having its Head Office at Kolkata. Plaintiff is operating its business through a network of strategically located branch offices. 2.2 Plaintiff firm through its acting partner Shri Rajendra Kumar Goel had/has executed a General Power of Attorney dated 03.12.2014 (Annexure-B) in favour of its Authorized Representative Mr. Sunil Sharma, thereby appointing him as its attorney and authorizing him inter-alia to sign, file and institute cases for and on behalf of the plaintiff firm. 2.3 Defendant No.2 is the owner/proprietor/partner of defendant no.1 entity and is incharge of day to day affairs and Raj Kumar operations of the defendant no.1. Tripathi 2.4 Defendant no.1 acting through defendant no.2 had Digitally signed by Raj Kumar Tripathi Date: 2024.12.16 CS (COMM.) No.1042/2019 12:38:18 +0530 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 2 of 13 been engaging the services of plaintiff for the purpose of transporting its consignments, since past considerable period of time. Plaintiff's services were engaged by defendant no.1 for consideration.
2.5 For each carriage performed by plaintiff for and on behalf of defendant, defendant as a matter of practice used to enquire about/seek the freight charges for the respective transportation, generally by way of an e-mail. In response thereto, plaintiff used to communicate the freight charges for a particular carriage/transportation to the defendants and the final rate agreed as per discussions between the parties used to be conveyed to defendants. Thereafter, transportation used to be carried out by plaintiff. Correspondingly, plaintiff used to draw/raise its respective invoices. The original invoice along with the concerned consignment note in original, bearing the endorsement/acknowledgment pertaining to the delivery of the material at the destination used to be sent by plaintiff to defendant.
2.6 As per the terms mutually agreed upon between the parties, defendant(s) were bound to make the payment in respect of each bill/invoice submitted with it within a period of 15 days from the date of receiving the respective consignment at the concerned site. However, in defiance of the terms of the carriage contract, defendants failed/avoided to make the requisite payments to plaintiff in respect of the following bills:-
Sr. Received Pending
No. Bill No. Date Bill Amt Amt Amt
1 DEL-2715 19-06-2018 85550.00 0.00 85550.00
Raj Kumar 2 DEL-2714 19-06-2018 83550.00 0.00 83550.00
Tripathi
Digitally signed by
Raj Kumar Tripathi CS (COMM.) No.1042/2019 Date: 2024.12.16 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} 12:38:25 +0530 Page No. 3 of 13 3 DEL-2742 30-06-2018 36600.00 0.00 36600.00 4 DEL-2743 30-06-2018 50050.00 0.00 50050.00 5 DEL-2744 30-06-2018 50050.00 0.00 50050.00 6 DEL-2793 11/7/2018 50050.00 0.00 50050.00 7 DEL-2800 14-07-2018 50050.00 32900.00 17150.00 8 DEL-2835 24-07-2018 28100.00 0.00 28100.00 9 DEL-3160 12/10/2018 26000.00 0.00 26000.00 10 DEL-3161 12/10/2018 26000.00 0.00 26000.00 11 DEL-3162 12/10/2018 55000.00 0.00 55000.00 12 DEL-3163 12/10/2018 26000.00 0.00 26000.00 13 DEL-3209 24-10-2018 26000.00 0.00 26000.00 14 DEL-3304 12/11/2018 55050.00 0.00 55050.00 15 DEL-3305 12/11/2018 55050.00 0.00 55050.00 16 DEL-3313 12/11/2018 26450.00 0.00 26450.00 17 DEL-3314 12/11/2018 26450.00 0.00 26450.00 18 DEL-3315 12/11/2018 26450.00 0.00 26450.00 19 DEL-3316 12/11/2018 26450.00 0.00 26450.00 20 DEL-3317 12/11/2018 26450.00 0.00 26450.00 21 DEL-3318 12/11/2018 26450.00 0.00 26450.00 22 DEL-3319 13-11-2018 58550.00 0.00 58550.00 23 DEL-3323 14-11-2018 26450.00 0.00 26450.00 24 DEL-3399 30-11-2018 26450.00 0.00 26450.00 25 DEL-3400 30-11-2018 26450.00 0.00 26450.00 26 DEL-3402 1/12/2018 55050.00 0.00 55050.00 27 DEL-3455 12/12/2018 50600 0.00 50600 11,05,350/- 32,900/- 10,72,450/-
2.7 As per plaintiff, a principal sum of Rs.11,05,350/- was due and payable by defendants to plaintiff in respect of 27 bills/invoices. Out of which, defendant made a part payment of Rs.32,900/- to plaintiff against Bill No.DEL-2800 dated 14.07.2018. Thus, after adjusting the said amount, as on 18.05.2019, a total principal sum of Rs.10,72,450/- was/is due and payable by defendant(s) to plaintiff besides interest of Rs.2,16,725/- as on 05.11.2019.
Raj Kumar 2.8 Plaintiff had been calling upon defendant(s) time and Tripathi again to pay/clear its outstanding dues. However, defendant(s) Digitally signed by Raj Kumar Tripathi Date: 2024.12.16 CS (COMM.) No.1042/2019 12:38:33 +0530 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 4 of 13 failed/avoided to pay the said dues. Vide e-mail dated 03.12.2018, defendant(s) assured that payments shall be released on 07.12.2018. However, despite assurance, no payment was released.
2.9 Defendant(s) towards part discharge of their liability with respect to the principal amounts outstanding in respect of the first thirteen bills, issued a cheque bearing no.000050 dated 27.12.2018 drawn on AU Small Finance Bank, Gurgaon Branch for a sum of Rs.5,60,100/- in favour of plaintiff. Upon presentation of the said cheque by plaintiff with its banker namely HDFC Bank, Kailash Building, K.G. Marg, New Delhi for encashment, same was dishonoured vide returning memo/bank advice dated 18.01.2019 (Annexure-S). 2.10 Constrained by the acts of defendant, plaintiff issued a statutory notice of demand dated 02.02.2019 (Annexure-T) calling upon defendant(s) to pay the cheque amount within 15 days of receipt of the said notice. However, despite the same, defendant(s) failed/avoided to make payment of the said cheque amount. Thereafter, plaintiff filed a complaint case under Section 138 of The Negotiable Instruments Act, 1881 (in short 'NI Act') against defendant(s) which is pending adjudication before the competent court at Patiala House Courts, New Delhi. 2.11 As defendant(s) failed to make payment pertaining to the aforesaid invoices/bills, plaintiff issued a demand notice dated 18.05.2019, thereby calling upon them to pay the principal outstanding sum of Rs.10,72,450/- along with interest @ 18% per Raj Kumar annum from the date of respective bills/invoices till the date of Tripathi actual payment/realisation. The defendant(s), despite receipt of Digitally signed by Raj Kumar Tripathi Date: 2024.12.16 CS (COMM.) No.1042/2019 12:38:39 +0530 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 5 of 13 the said notice, failed to pay/clear the outstanding dues. Defendant is ex parte 3.1 Pursuant to summons issued to defendant(s), they were served through publication on 14.03.2023. However, defendants chose not to appear and contest the suit by way of filing written statement.
3.2 As defendants did not file written statement to the suit within stipulated time, opportunity given to them to file written statement was closed. They were also directed to be proceeded ex parte vide order dated 11.05.2023. Ex parte evidence of plaintiff 4.1 In order to prove its case, plaintiff has examined two witnesses i.e. PW1 Mr. Sunil Sharma, AR of plaintiff company and PW2 Mr. Rajender Kumar, Ahlamd in the court of learned JMFC, NI Act-03, Patiala House Courts, New Delhi. 4.2 PW1 filed his evidence by way of affidavit, Ex.PW1/A, wherein he has reiterated and reaffirmed the same facts as mentioned in the plaint. Before coming to the testimony of plaintiff's witnesses, the documents relied upon by PW1 are hereby put in a tabulated form as under:-
Sr. Details of document Exhibit Mark
No.
1. Copy of Power of Attorney dated 03.12.2014 Ex.PW1/2
2. Copy of Invoice No.DEL-2714 dated Ex.PW1/3 19.06.2018 along with copy of corresponding (colly) Consignment Note No.1059756, office copy of Invoice no.2715 dated 19.06.2018 along with copy of corresponding Consignment Note No.1059757, copy of E-mail dated 16.05.2018 sent by the plaintiff regarding the rate Raj confirmation, copy of Forwarding Letter dated Kumar 20.06.2018 pertaining to bill submission and Tripathi Digitally signed by Raj Kumar Tripathi Date: 2024.12.16 CS (COMM.) No.1042/2019 12:38:46 +0530 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 6 of 13 the courier receipt.
3. Certificate under Section 65-B of The Indian Ex.PW1/3A Evidence Act w.r.t. email dated 16.05.2018
4. Copy of Invoice No.DEL-2742 dated Ex.PW1/4 30.06.2018 along with copy of corresponding (colly) Consignment Note No.1059682 and 1036237, office copy of Invoice no.2743 dated 30.06.2018 along with copy of corresponding Consignment Note No.1029401, copy of Invoice No.DEL-2744 dated 30.06.2018 along with copy of corresponding Consignment Note No.1029402, copy of Forwarding Letter dated 30.06.2018 pertaining to bill submission and the courier receipt.
5. Copy of Invoice No.DEL-2793 dated Ex.PW1/5 11.07.2018 along with copy of corresponding (colly) Consignment Note No.1029403, copy of Forwarding Letter dated 11.07.2018 pertaining to bill submission and the courier receipt.
6. Copy of Invoice No.DEL-2800 dated Ex.PW1/6 14.07.2018 along with copy of corresponding (colly) Consignment Note No.1029404, copy of Forwarding Letter dated 14.07.2018 pertaining to bill submission and the courier receipt.
7. Copy of Invoice No.DEL-2835 dated Ex.PW1/7 24.07.2018 along with copy of corresponding (colly) Consignment Note No.1052646 and 1052648, copy of Forwarding Letter dated 24.07.2018 pertaining to bill submission and the courier receipt.
8. Copy of Invoice No.DEL-3160 dated Ex.PW1/8 12.10.2018 along with copy of corresponding (colly) Consignment Note No.1052959, Copy of Invoice No.DEL-3161 dated 12.10.2018 along with copy of corresponding Consignment Note No.1052960, Copy of Invoice No.DEL-3162 dated 12.10.2018 along with copy of corresponding Consignment Note No.1029427, Copy of Invoice No.DEL-3163 dated 12.10.2018 along with copy of corresponding Consignment Note No.1053003, copy of Forwarding Letter dated 12.10.2018 pertaining to bill submission and Raj the courier receipt.
Kumar Tripathi 9. Copy of Invoice No.DEL-3209 dated Ex.PW1/9 Digitally signed by Raj Kumar Tripathi Date: 2024.12.16 CS (COMM.) No.1042/2019 12:38:53 +0530 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 7 of 13 24.10.2018 along with copy of corresponding (colly) Consignment Note No.1053007, copy of Forwarding Letter dated 27.10.2018 pertaining to bill submission and the courier receipt.
10. Copy of Invoice No.DEL-3304 dated Ex.PW1/10 12.11.2018 along with copy of corresponding (colly) Consignment Note No.1029456, copy of Invoice No.DEL-3305 dated 12.11.2018 alongwith copy of corresponding Consignment Note No.1029469, copy of Invoice No.DEL-3313 dated 12.11.2018 along with copy of corresponding Consignment Note No.1052965, copy of Invoice No.DEL-3314 dated 12.11.2018 along with copy of corresponding Consignment Note No.1053008, copy of Invoice No.DEL-3315 dated 12.11.2018 along with copy of corresponding Consignment Note No.1053151, copy of Invoice No.DEL-3316 dated 12.11.2018 along with copy of corresponding Consignment Note No.1053152, copy of Invoice No.DEL-3317 dated 12.11.2018 along with copy of corresponding Consignment Note No.1052931, copy of Invoice No.DEL-3318 dated 12.11.2018 along with copy of corresponding Consignment Note No.1053153, copy of Invoice No.DEL-3319 dated 12.11.2018 along with copy of corresponding Consignment Note No.10529470, copy of Forwarding Letter dated 13.11.2018 pertaining to bill submission and the courier receipt.
11. Copy of Invoice No.DEL-3323 dated Ex.PW1/11 14.11.2018 along with copy of corresponding (colly) Consignment Note No.1053158, copy of Forwarding Letter dated 15.11.2018 pertaining to bill submission and the courier receipt.
12. Copy of Invoice No.DEL-3399 dated Ex.PW1/12 30.11.2018 along with copy of corresponding (colly) Consignment Note No.1053161, copy of Invoice No.DEL-3400 dated 30.11.2018 along with copy of corresponding Consignment Note No.1053163, copy of Forwarding Letter dated 30.11.2018 pertaining to bill submission and Raj Kumar the courier receipt.
Tripathi
13. Copy of Invoice No.DEL-3402 dated Ex.PW1/13 Digitally signed by Raj Kumar Tripathi Date: 2024.12.16 CS (COMM.) No.1042/2019 12:39:03 +0530 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 8 of 13 01.12.2018 along with copy of corresponding (colly) Consignment Note No.1029481, copy of Forwarding Letter dated 01.12.2018 pertaining to bill submission and the courier receipt.
14. Copy of Invoice No.DEL-3455 dated Ex.PW1/14 12.12.2018 along with copy of corresponding (colly) Consignment Note No.1052994 and 1052995, copy of Forwarding Letter dated 12.12.2018 pertaining to bill submission and the courier receipt.
15. Copies of e-mails exchanged between the Ex.PW1/15 plaintiff and the defendants regarding freight (colly) rates.
16. Copy of e-mail dated 03.12.2018 Ex.PW1/16
17. Copies of e-mails dated 14.12.2018 and Ex.PW1/17 04.01.2019 (colly)
18. Certificate under Section 65-B of The Indian Ex.PW1/18 Evidence Act w.r.t. emails.
19. Office copy of notice dated 18.05.2019 along Ex.PW1/23 with original postal receipts as well as delivery (colly) status report pertaining to service of the said notice upon defendants, as retrieved from the official website of India Post
20. Certificate under Section 65-B of The Indian Ex.PW1/23A Evidence Act w.r.t. demand notice dated 18.05.2019.
21. Statement of Dues/Interest Computation as on Ex.PW1/24 05.1.2019
22. Copy of Partnership Deed and Form A Mark PW1/X depicting the registration of the said (colly) partnership firm.
23. Copy of cheque no.000050 dated 27.12.2018 Mark drawn on AU Small Finance Bank, Gurgaon PW1/X1 Branch in the sum of Rs.5,60,100/- in favour of plaintiff.
24. Copy of cheque Returning Memo dated Mark 18.01.2019. PW1/X2
25. Copy of Statutory Demand Notice dated Mark 02.02.2019. PW1/X3 Raj 26. Copy of complaint case under Section 138 of Mark Kumar NI Act against defendants which is pending PW1/X4 Tripathi adjudication before the competent court at Digitally signed by Patiala House Courts, New Delhi. Raj Kumar Tripathi Date: 2024.12.16 12:39:10 +0530 CS (COMM.) No.1042/2019 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 9 of 13
27. Certified copy of Partnership Deed dated Ex.PW1/24 01.04.2019 4.3 PW2 Mr. Rajender Kumar, Ahlmad in the court of learned JMFC, NI Act-03, Patiala House Courts, New Delhi brought the record of case file bearing CC No.3772/2019 titled as "M/s Goel Roadways vs. Mr. Rajeev Rajnaj Kumar and Another". Details of the documents proved by PW2 are as under:-
Sr. Details of document Exhibit Mark
No.
1. Copy of cheque no.000050 dated Ex.PW2/1
27.12.2018 drawn on AU Small Finance
Bank, Gurgaon Branch in the sum of
Rs.5,60,100/- in favour of plaintiff.
2. Copy of cheque Returning Memo dated Ex.PW2/2 18.01.2019.
3. Copy of Statutory Demand Notice dated Ex.PW2/3 02.02.2019 along with Postal Receipts. (colly)
4. Copy of complaint case under Section Ex.PW2/4 138 of NI Act against defendants which is pending adjudication before the competent court at Patiala House Courts, New Delhi.
Findings and observation 5.1 I have heard and considered the submissions made by learned counsel for plaintiff and perused the material on record.
5.2 PW1 Mr. Sunil Sharma, AR of plaintiff company, in his affidavit of evidence, Ex.PW1/A has deposed and corroborated about the facts as mentioned in the plaint. He has proved the documents as mentioned in para no.4.2 of the judgment.
Raj Kumar Tripathi 5.3 Ex.PW1/3 (colly.), Ex.PW1/4 (colly.) to Ex.PW1/14 Digitally signed by (colly.) and Ex.PW1/23 (colly.) are the invoices along with copy Raj Kumar Tripathi Date: 2024.12.16 12:39:18 +0530 CS (COMM.) No.1042/2019 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 10 of 13 of corresponding consignment notes, copy of mails sent by plaintiff regarding rate confirmation, forwarding letters pertaining to bill submission and courier receipts. Ex.PW1/15 (colly.), Ex.PW1/16 and Ex.PW1/17 (colly.) are the mails exchanged between the parties. Plaintiff has filed Certificate, Ex.PW1/3A and Ex.PW1/18 under Section 65B of The Indian Evidence Act in support of the mails to prove its authenticity. Ex.PW1/23 (colly.) is the office copy of notice dated 18.05.2019 along with original postal receipts as well as delivery status report pertaining to the service of notice upon the defendant. Ex.PW1/24 is the statement of dues/interest computation as on 05.01.2019. 5.4 In order to discharge their liability, defendant issued cheque, Ex.PW2/1 for an amount of Rs.5,60,100/- in favour of plaintiff. The said cheque, on presentation, got dishonoured vide cheque returning memo, Ex.PW2/2. Defendant(s) despite service of statutory demand notice, Ex.PW2/3 (colly.) and legal notice, Ex.PW1/23 (colly.) have failed to make payment to plaintiff. 5.5 As per Statement of Dues, Ex.PW1/24, an amount of Rs.10,72,450/- is the principal outstanding amount payable by defendants to plaintiff as on 05.11.2019. Plaintiff has computed interest @ 18% per annum from the date of respective bill(s)/invoice(s) till actual payment/realisation. Thus, interest component to the tune of Rs.2,16,725/- has been charged in the principal outstanding. In view of above, the total amount payable by defendant(s) to plaintiff as on 05.11.2019 is Rs.12,89,175/-.
Raj Kumar Tripathi 5.6 The deposition of PW1 Mr. Sunil Sharma as Digitally signed by mentioned in his affidavit of evidence, Ex.PW1/A has gone Raj Kumar Tripathi Date: 2024.12.16 12:39:26 +0530 CS (COMM.) No.1042/2019 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 11 of 13 unrebutted and unchallenged as defendant(s) did not turn up to cross-examine him in respect of the deposition and averments made by him. The case of plaintiff is based on documentary evidence. The documents proved by PW1 Mr. Sunil Sharma have not been disputed and denied by defendant(s) and thus, they remained unchallenged. In view of uncontroverted and unrebutted testimony of PW1, there is no reason to doubt his version as deposed by him in his evidence affidavit, Ex.PW1/A and the documents proved by him.
5.7 Plaintiff has claimed interest @ 18% per annum on the outstanding dues. The interest claimed by plaintiff appears to be on higher side. No justification for claiming interest at such a higher rate has been furnished by plaintiff. In view of the same, I am of the view that plaintiff is entitled for interest at a reasonable rate i.e. @ 8% per annum.
5.8 In State of Haryana & Others v. S.L. Arora & Company (2010) 3 SCC 690, it was observed that interest, unless otherwise specified, refers to simple interest and that interest is payable only on principal amount and not on any accrued interest. It was further held that the compound interest can be awarded, if there is a specific provision under the statute or in the contract for compounding of interest but no general discretion lies with the courts or tribunals to award compound interest or interest upon interest.
5.9 As per plaint, defendants are working for gain in Delhi. The arrangement regarding transportation services was Raj Kumar entered into between the parties in Delhi. The respective Tripathi consignment notes were drawn at Delhi address of defendant Digitally signed by Raj Kumar Tripathi Date: 2024.12.16 12:39:33 +0530 CS (COMM.) No.1042/2019 {M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 12 of 13 no.1. The part payments were made by defendant to plaintiff at Delhi. Thus, this court has requisite territorial jurisdiction to try and entertain the present suit.
5.10 The suit filed by plaintiff is within limitation as the same has been filed within three years from the date of raising of the invoices against the defendant(s). 6.1 For the foregoing reasons and discussions, I am of the considered view that plaintiff, on the basis of averments made in the plaint, the evidence affidavit, Ex.PW1/A and documents proved by plaintiff's witnesses, has been able to prove its case. Accordingly, the suit filed by plaintiff is decreed with cost. Relief 7.1 Defendant(s) are directed to pay an amount of Rs.12,64,847/-(as prayed in prayer clause (a) of the suit). They are further directed to pay interest @ 8% per annum on the principal outstanding amount of Rs.10,72,450/- from the date of filing of the suit i.e. 29.11.2019 till actual realization of payment. 8.1 Decree Sheet be prepared accordingly.
Digitally signed by Raj Raj 9.1 File be consigned to Record Room. Kumar Tripathi Kumar Date:
Tripathi 2024.12.16 12:39:40 +0530 Announced in the open court (RAJ KUMAR TRIPATHI) Dated: 16.12.2024 District Judge (Commercial Court)-08, South-East District, Saket Courts, New Delhi.CS (COMM.) No.1042/2019
{M/s Goel Roadways vs. M/s Welcome World Engineering Services & Another} Page No. 13 of 13