Delhi District Court
M/S Alliance Infotech Pvt. Ltd vs M/S Cims Infotech Pvt. Ltd on 21 December, 2024
IN THE COURT OF SENIOR CIVIL JUDGE-CUM-RENT
CONTROLLER, SOUTH-EAST DISTRICT, SAKET COURTS,
NEW DELHI
Presided By : Sh. Mohit Sharma, DJS
Civil Suit No: 448/2019
M/s ALLIANCE INFOTECH PVT. LTD.
Regd. Office:-
B-254, Okhla Industrial Area,
Phase-I, New Delhi-110020. ... Plaintiff
Versus
1. M/s CIMS INFOTECH PVT. LTD.
Regd. Office:-
G-109 B, Gali No.12, Jagat Puri,
Delhi-110051.
2. M/s CRM INTEGRATED MANAGEMENT SERVICES PVT.
LTD.
Regd. Office:-
Plot No. 17, KH No. 256, PP No. 3382, Block-C, Prem Nagar,
Najafgarh, New Delhi-43.
3. VIPIN SINGH RATHORE (DIRECTOR)
R/o G-109B, Gali No. 12, Jagat Puri, Delhi-51.
Also at:-
Plot No. 17, KH No. 256, PP No.3382,
Block - C, Prem Nagar, Najafgarh,
New Delhi-43. ...Defendants
SUIT FOR RECOVERY OF Rs. 55,000/- ALONG WITH
PENDENTE-LITE AND FUTURE INTEREST AND COST OF
THE SUIT.
CS SCJ 448/19 M/s Alliance Infotech Pvt. Ltd. Vs. M/s CIMS Infotech Pvt. Ltd. & Ors. Page 1 of 9
Digitally signed by
MOHIT MOHIT SHARMA
SHARMA Date: 2024.12.21
03:52:56 +0700
DATE OF INSTITUTION : 13.03.2019
DATE OF ARGUMENTS : 11.11.2024
DATE OF DECISION : 21.12.2024
JUDGMENT
1. The case of the plaintiff is that the plaintiff is an ISO 9001:2000 certified company and offers offshore software development services in the Web Technologies, Computer Telephony, Embedded software and the plaintiff is providing top- tier CRM consulting services. Sh. Mahender Dugar, who has instituted the present suit and signed and verified the same is presently the Manager of the plaintiff and well conversant with the facts of the case and competent and authorized to sign and verify all the documents and to do all the acts on behalf of the plaintiff.
2. It is averred in the plaint that the defendant no.1 company approached the plaintiff in the second week of August, 2018 and expressed interest and further placed an order for customized design and development of UC 2000 Dialer (100 user) vide their PO # CIMS0023 dated 21.04.2017 for Rs. 4,02,500/- and the plaintiff raised an invoice no. SI/2017-2018/26 dated 25.05.2017 and then the defendant no.1 placed an order for issue of additional licenses for Rs. 47,200/- and a performa invoice for annual maintenance for Rs. 60,375/- and in part payment of its obligation, the defendant no.1 had issued a cheque no. 083828 dated 22.08.2018 for Rs. 55,000/- from the account of its sister concern company, the CS SCJ 448/19 M/s Alliance Infotech Pvt. Ltd. Vs. M/s CIMS Infotech Pvt. Ltd. & Ors. Page 2 of 9 Digitally signed by MOHIT MOHIT SHARMA SHARMA Date: 2024.12.21 03:53:07 +0700 defendant no.2, under the signatures of the defendant no.3, drawn on Yes Bank Ltd., and further assured the plaintiff that he can get the cheque encashed on its due date. The defendant no.3 is the Director of both the defendants no. 1 and 2. The plaintiff presented the said cheque twice before the Bank, however, the cheque was returned by the Bank as dishonored due to insufficient funds in the account.
3. The plaintiff has averred that towards discharge of legal liability in money, arising out of the said invoice, the defendant no. 2 at the instance of the defendant no. 1, drew and tendered to the plaintiff, a cheque bearing no. 083828 dated 22.08.2018 amounting to Rs. 55,000/-. The plaintiff presented the above-mentioned cheque for its encashment within the period of its validity, however, the same has been returned unpaid by the banker of defendant Hence, the present suit has been filed by the plaintiff under Order 37 CPC, wherein it is prayed that a decree be passed in favour of the plaintiff and against the defendants for a sum of Rs. 55,000/- along with pendente lite and future interest @ 18% per annum till the date of payment. Further, it is prayed that the cost of the suit be also awarded in favour of the plaintiff and against the defendants.
4. Summons for judgment was served upon the defendants on 19.07.2019. Leave to defend application was filed on behalf of the defendants on 27.07.2019, which was allowed vide order dated 22.03.2022 and the defendants were granted opportunity to file written statement in their defence.
CS SCJ 448/19 M/s Alliance Infotech Pvt. Ltd. Vs. M/s CIMS Infotech Pvt. Ltd. & Ors. Page 3 of 9 Digitally signed by MOHIT MOHIT SHARMA
SHARMA Date: 2024.12.21
03:53:17 +0700
5. Thereafter, written statement was filed on behalf of the defendants, wherein the defendants have taken the preliminary objections that the averments made by the plaintiff company do not have any merit on the issue of fact as well as law. It is submitted that the contents of the plaint are not only full of conjectures and surmises but it is also a clear attempt on the part of the plaintiff company to abuse the legal process. It is submitted that the plaintiff company has made claims for which it is not even entitled. It is submitted that the present suit is liable to dismissed on the sole ground that the plaintiff company has deliberately suppressed the material facts and information from the Court. It is submitted that the security cheque bearing no. 083828 dated 22.08.2018 for a sum of Rs. 55,000/- was issued by defendant no. 3 as a security and was not for any legally enforceable debt. It is further submitted that the plaintiff company has provided UC 2000 Dialer Services (100 users) to defendant no. 1 and subsequently, the plaintiff company raised an invoice dated 25.05.2017 to the tune of Rs. 4,02,500/-. It is submitted that the defendants had availed services from the plaintiff company for an initial period of one year and all the payments related to the transactions occurred in the aforementioned one year was duly cleared by the defendants. It is submitted that the defendants on several occasions informed the plaintiff company about their deficiency in services and stated that the agreement of renewal of services shall not be executed unless the plaintiff company assures that the quality of the services will be improved. It is submitted that the plaintiff company made several representations and gave assurances that the services will be CS SCJ 448/19 M/s Alliance Infotech Pvt. Ltd. Vs. M/s CIMS Infotech Pvt. Ltd. & Ors. Page 4 of 9 Digitally signed MOHIT by MOHIT SHARMA SHARMA Date: 2024.12.21 03:53:25 +0700 improved and subsequently, on the basis of the representations made by the plaintiff company, the defendant agreed to renew the said agreement, but all commitments made by the plaintiff company went in vain. It is submitted that against the renewal of the services, a security cheque bearing no. 083828 dated 22.08.2018 for a sum of Rs. 55,000/- was issued by the defendant no. 3. Even after renewal of services, no improvements were made by the plaintiff company in their services, due to which the agreement of services was terminated. It is submitted that no cause of action arises in favour of the plaintiff company and against the defendants and hence, the present suit is liable to be dismissed under Order 7 Rule 11 CPC.
6. The defendants have denied all the averments made by the plaintiff in the plaintiff. Further, it is submitted that the statements made by the plaintiff company are contradictory to each other i.e., if the defendants had approached the plaintiff in the second week of August, 2018, then how the orders can be placed in 2017. Defendants have denied that in part payment of its obligation, the defendant no. 1 had issued a cheque dated 22.08.2018 for Rs. 55,000/- from the account of its sister concern, the defendant no. 2, under the signatures of defendant no. 3, drawn on Yes Bank and further assured the plaintiff that he can get the cheque encashed on its due date. It is submitted that the said cheque in question was only issued as a security cheque and not for any legally enforceable debt. Hence, it is prayed that by the defendants that the present suit be dismissed being devoid of any merits along with heavy cost.
CS SCJ 448/19 M/s Alliance Infotech Pvt. Ltd. Vs. M/s CIMS Infotech Pvt. Ltd. & Ors. Page 5 of 9 Digitally signedMOHIT by MOHIT SHARMA SHARMA Date: 2024.12.21 03:53:37 +0700
7. Replication to the written statement of the defendants has not been filed by the plaintiff.
8. On completion of pleadings, the followings issues were framed vide order dated 14.07.2022:
1) Whether the plaintiff is entitled to a decree for recovery of sum of Rs. 55,000/- against the defendant along with pendentelite & future interest @ 18% per annum and cost of the suit? OPP
2) Relief.
9. During the plaintiff evidence, the AR of the plaintiff company stepped into the witness box as PW1 and tendered his evidence by way of affidavit Ex. PW-1/A. Further, he relied upon the following documents :-
a) Certified true copy of Resolution dated 18.01.2019 - Ex.
PW-1/1.
b) Office copy of invoice dated 25.05.2017 - Ex. PW-1/2
c) Office copy of invoice dated 16.08.2018 - Ex. PW-1/3 (colly).
d) Original cheque no. 083828 for Rs. 55,000/- - Ex. PW-1/4
e) Original cheque return memo dated 13.11.2018 - Ex. PW1/6
10. PW1 was cross-examined by Ld. Counsel for defendant. During cross-examination, PW1 has deposed that the parties were maintaining a running account and payment for each transaction was not made separately but part payments were made regularly for CS SCJ 448/19 M/s Alliance Infotech Pvt. Ltd. Vs. M/s CIMS Infotech Pvt. Ltd. & Ors. Page 6 of 9 Digitally signed MOHIT by MOHIT SHARMA SHARMA Date: 2024.12.21 03:53:45 +0700 the services provided by the plaintiff. PW1 has deposed that the parties are transacting to each other for the last 5-6 years. PW1 has deposed that the cheque in question was given by the defendant for payment due upon the defendant. PW1 has deposed that the cheque in question was given to the plaintiff in the year 2017 and it was dishonored twice. PW1 has denied the suggestion that the cheque in question was given in 2018 or that it was dishonored only once because no return memo for second dishonor has been filed. PW1 has deposed that there are no invoices for the cheque amount alone as payment was made as per running account.
11. Thereafter, vide order dated 11.07.2023, in view of the statement made by AR of plaintiff company, PE was closed.
12. Defendants have failed to lead evidence, despite being granted several opportunities and hence, the right of the defendants to lead evidence was closed vide order dated 06.08.2024.
13. Final arguments heard, as addressed by Ld. Counsel for the parties. Record perused.
Appreciation of Evidence & Finding:-
Issue No. 1. Whether the plaintiff is entitled to a decree for recovery of sum of Rs. 55,000/- against the defendant alongwith pendente-lite and future interest 18% per annum and cost of the suit? OPP CS SCJ 448/19 M/s Alliance Infotech Pvt. Ltd. Vs. M/s CIMS Infotech Pvt. Ltd. & Ors. Page 7 of 9 Digitally signed MOHIT by MOHIT SHARMA SHARMA Date: 2024.12.21 03:53:54 +0700
14. The onus of proving this issue is upon the plaintiff. Plaintiff has proved the invoice dated 25.05.2017 and 16.08.2018 and the original cheque no. 083828 for Rs. 55,000/-. Defendants have admitted availing services from the plaintiff in the written statement and took the defence that all the payments pertaining to the invoice dated 25.05.2017 were cleared by the defendants and the cheque no. 083828 for Rs. 55,000/- was only issued as a security cheque to the plaintiff against the renewal of services.
15. The Court is of the view that the defendants have not been able to impeach the testimony of PW1 during his cross-examination. Nothing has come out in the cross-examination of PW1 to discredit the witness or to prove the defence of the defendants. Defendants have not led evidence to prove that they have made all the payments pertaining to the invoice dated 25.05.2017 and the cheque no. 083828 for Rs. 55,000/- was only issued as a security cheque to the plaintiff against the renewal of services. Plaintiff has successfully proved on the preponderance of probabilities that the defendants have availed services from the plaintiff and are liable to pay the suit amount of Rs. 55,000/- to the plaintiff. In view thereof, this issue is decided in favour of the plaintiff and against the defendants.
Relief:
16. In view of the discussion made above, the suit of the plaintiff is decreed in favour of the plaintiff and against the defendants. Plaintiff is held entitled for a sum of Rs. 55,000/- to be paid by the CS SCJ 448/19 M/s Alliance Infotech Pvt. Ltd. Vs. M/s CIMS Infotech Pvt. Ltd. & Ors. Page 8 of 9 Digitally signed MOHIT by MOHIT SHARMA SHARMA Date: 2024.12.21 03:54:06 +0700 defendants along with pendentelite and future interest @ 9% per annum till the date of payment. Cost of the suit be also awarded in favour of the plaintiff.
17. Decree sheet be prepared accordingly.
18. File be consigned to record room, after due compliance.
Announced in the Open Court Digitally signed
on 21.12.2024 MOHIT SHARMA
by MOHIT
SHARMA Date:
2024.12.21
03:54:16 +0700
(Mohit Sharma)
Senior Civil Judge-cum-Rent Controller
South East, Saket Courts, New Delhi.
CS SCJ 448/19 M/s Alliance Infotech Pvt. Ltd. Vs. M/s CIMS Infotech Pvt. Ltd. & Ors. Page 9 of 9