Delhi District Court
M/S Comnet Vision India Pvt. Ltd vs M/S Bestone Meest Information ... on 11 March, 2025
IN THE COURT OF DR. NEERA BHARIHOKE
DISTRICT JUDGE (COMMERCIAL COURT)-06
SOUTH EAST, SAKET COURTS,
NEW DELHI
CNR No. DLSE01-012850-2024
CS (Comm) 3929/2024
M/S COMNET VISION (INDIA) PVT. LTD.
B-01, Aggarwal Bhawan,
35-36, Nehru Place,
New Delhi-110019
Through its Authorized Representative
Sh. Imran Khan
Email: [email protected]
... Plaintiff
Versus
M/S BESTONE MEEST INFORMATION
TECHNOLOGY SERVICES PVT. LTD.
Plot No. 35, Second Floor,
Block-D, Near Police Booth,
Mansarovar Garden,
New Delhi-110015
Through its Director
Email: info@[email protected]
Also At:
M/S BESTONE MEEST INFORMATION
TECHNOLOGY SERVICES PVT. LTD.
Plot No. 8, 5th Floor,
Sector-125,
Gautam Budh Nagar,
Uttar Pradesh-201303
....Defendant
NEERA
BHARIHOKE
Digitally signed
by NEERA
CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 1 of 13 BHARIHOKE
Date: 2025.03.11
14:33:38 +0530
Date of institution of the suit : 09.12.2024
Date on which judgment was reserved : 03.03.2025
Date of pronouncement of Judgment : 11.03.2025
JUDGMENT
SUIT FOR RECOVERY
1. By way of this judgment, I shall decide the suit of the Plaintiff filed for recovery of Rs.3,17,037/- alongwith interest.
CASE OF THE PLAINTIFF AS SET UP IN THE PLAINT
2. Brief facts of the case as stated by the Plaintiff in the plaint are that:
a. The Plaintiff is a Private Limited Company duly incorporated under the Companies Act, 1956 and is engaged in the business of trading of Laptop, Desktop, Server, Workstation, Computer Peripherals, Printer, UPS, Networking Products, Software, Computer hardware and Service etc. The present suit has been filed through its Authorized Representative Shri Imran Khan by virtue of Board Resolution dated 09.11.2024 to sign, file, institute and depose the present suit.
b. The Defendant is a Private Limited Company and Bestone Industries Pvt. Ltd. through its representatives Mr. Rajeev Yadav NEERA BHARIHOKE CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 2 of 13 Digitally signed by NEERA BHARIHOKE Date: 2025.03.11 14:33:45 +0530 and Mr. Umesh approached the Plaintiff seeking price quotation for BTO HPE AMD SERVER, HPE MSA 2050 SAN DC SFF STORAGE (Q1J01A), VMWARE VSPHERE 8 ESSENTIALS PLUS KIT FOR 3 HOSTS (MAX HOST) - VS8 - ESP - KIT - C, SUBSCRIPTION FOR VMWARE VSPHERE 8 ESSENTIALS PLUS KIT PER HOST FOR 1 YEAR VS8 - ESP - KIT - P - SSS - C etc. The prices for the items were negotiated by Mr. Rajeev and Mr. Umesh Tiwari from Bestone Industries Pvt. Ltd. Later on, Mr. Anil Kumar Jha, Group CEO of Bestone Industries Pvt. Ltd., after exchanging their business card, became involved in finalizing the order. The discussion and negotiation were held at their office located at 8 Square Building, 5th Floor, Plot No. 8, Sector 125, NOIDA - 201303.
c. Based on these thorough discussions, various e-mail exchanges and confirmations, the Plaintiff created an account in their name and issued a Proforma Invoice / Sales Order to them via email dated 13.02.203.
d. After receiving Proforma Invoice / Sales Order, Mr. Rajeev Yadav, representing Bestone Industries Pvt. Ltd. issued a Purchase Order to Plaintiff keeping Mr. Umesh Tiwari in CC of Bestone Meest Information Technology Services Pvt. Ltd. bearing PO / Mar / 2023 / BMITS001, dated 02.03.2023 via email dated 02.03.2023 for the supply of ay HPE AMD SERVER, HPE MSA 2050 SAN DC NEERA BHARIHOKE CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 3 of 13 Digitally signed by NEERA BHARIHOKE Date: 2025.03.11 14:33:51 +0530 SP STORAGE (QIJOIA), VMWARE SPHERE 8 ESSENTIALS PLUS KIT FOR 3 HOSTS (MAX HOST) - VS8 - ESP - KIT - C, SUBSCRIPTION FOR VMWARE SPHERE 8 ESSENTIALS PLUS KIT PER HOST FOR 1 YEAR VS8 - ESP - KIT - P - SSS - C etc. for a total value of Rs.26,41,049/-.
e. Plaintiff was informed that Defendant i.e. Bestone Meest Information Technology Services Pvt. Ltd. is the sister concern of Bestone Industries Pvt. Ltd. and a newly incorporated entity. This information was conveyed during discussions, wherein it was clarified that both the entities share a business relationship and are part of the same corporate group. It was further informed that the Directors of both entities were same thereby establishing that the two Companies were managed and controlled by the same individuals.
f. The Plaintiff after conducting due diligence, verified the Registration details of both the Companies and the list of their respective Directors from the official website of the Registrar of Companies, Ministry of Corporate Affairs, Government of India. Based on the verification and assurance given by the representatives of Bestone Industries Pvt. Ltd., the Plaintiff confirmed that the Directors of both Companies i.e. Bestone Industries Pit. Ltd. and Bestone Meest Information Technology Services Pvt. Ltd. were the same. Relying on these assurances and information obtained, the NEERA BHARIHOKE CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 4 of 13 Digitally signed by NEERA BHARIHOKE Date: 2025.03.11 14:33:58 +0530 Plaintiff agreed to supply the material as specified in the Purchase Order bearing no. PO / Mar / 2023 / BMITS001 dated 02.03.2023.
g. The terms between parties and mentioned in the Purchase Order were as below:
A. Advance Rs.2,00,000/- for confirmation B. 40% (Including Advance Payment) will be paid before delivery C. Rest will be paid as 30 days PDC.
h. As per the terms of the agreement specified in the Purchase Order, the Defendant, Bestone Meest Information Technology Services Pvt. Ltd. made an advance payment of Rs.2,00,000/- by way of IMPS on 05.03.2023. The payment was credited to Plaintiff's account maintained with Kotak Mahindra Bank bearing Current Account No.1811149353.
i. The Defendant directly received the software license from the OEM, VMware for VMWARE SPHERE 8 ESSENTIALS PLUS KIT FOR
3 HOSTS (MAX HOST) - VS8 - ESP - KIT - C, SUBSCRIPTION FOR VMWARE VSPHERE 8 ESSENTIALS PLUS KIT PER HOST FOR 1 YEAR VS8 - ESP - KIT - P - SSS - C including ACTIVATION KEY. The software license was activated for a duration of one year. The Defendant also received a confirmation email dated 13.03.2023 from VMware's Order Management Team regarding ACTIVATION.
NEERA BHARIHOKE Digitally signed by NEERA BHARIHOKE Date: 2025.03.11 CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 5 of 13 14:34:05 +0530 j. After receiving the Software and ACTIVATION KEY, the Defendant failed to show interest in taking the hardware mentioned in the Purchase Order bearing no. PO/ Mar/ 2023/ BMITS001 dated 02.03.2023 thereby cancelled the same, causing huge losses to the Plaintiff.
k. The Plaintiff issued Tax Invoice No. CVPL-2324-8098 dated 30.03.2024 for a sum of Rs.5,17,037/- for the above-mentioned software only.
l. The Plaintiff forwarded the Original Tax Invoice alongwith Ledger Account in the name of Bestone Meest Information Technology Services Pvt. Ltd. to the Defendant on its email ID at [email protected] alongwith umesh.tiwari @bestonemits.com requesting the Defendant to make the balance payment.
m. The Plaintiff was maintaining a running account in the name of Defendant i.e. Bestone Meest Information Technology Services Pvt. Ltd. and recorded all the transactions which had taken place from time to time. The Statement of Account maintained by the Plaintiff reflected that a sum of Rs.3,17,037/- was due and outstanding amount against the Defendant which the Defendant failed to pay after repeated requests.
NEERA BHARIHOKE Digitally signed by NEERA BHARIHOKE Date: 2025.03.11 14:34:11 +0530 CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 6 of 13 n. The above said sum of Rs.3,17,037/- was recoverable from the Defendant and the Defendant was bound to pay the same to the Plaintiff.
o. The Plaintiff sent Legal Notice dated 11.06.2024 through Registered Post bearing receipts nos. RD438334361IN and RD438334242IN both dated 15.06.2024 to the Defendant to make the above said outstanding payment of Rs.3,17,037/- alongwith interest @ 18% within 15 days of the receipt of notice.
p. The Plaintiff preferred a Pre-litigation/Pre-Institution Mediation before the Competent Authority, i.e. SEDLSA, on 25.07.2024, however Defendant did not appear before the Competent Authority. Furthermore, the Non-Starter Report for the Pre-Institution Mediation was issued by the Competent Authority, SEDLSA, dated 04.10.2024.
3. Hence, the present suit has been filed.
CASE OF THE DEFENDANT
4. Defendant was served on 31.12.2024. Neither any Written Statement was filed by the Defendant nor anyone appeared for the Defendant. Therefore, vide order dated 10.02.2025, right of the Defendant to file Written Statement was closed, the Defendant was proceeded ex parte and the matter was listed for ex parte Plaintiff's Evidence. NEERA BHARIHOKE Digitally signed by NEERA CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 7 of 13 BHARIHOKE Date: 2025.03.11 14:34:17 +0530
5. The Plaintiff filed an application under Order I rule 10 CPC for impleading the Directors of the Defendant. However the Directors of the Defendant cannot be impleaded in absence of allegations of fraud against them. Therefore, the application under Order I Rule 10 CPC filed by the Plaintiff was dismissed and Plaintiff was directed to file Amended Memo of Parties since there was only one Defendant. Vide order dated 27.02.2025, the Amended Memo of Parties was taken on record.
PLAINTIFF'S EVIDENCE
6. On 03.03.2025, Plaintiff examined PW-1 Shri Imran Khan. He presented his evidence by way of affidavit vide Ex. PW-1/A. He reiterated the contents of the plaint and relied upon the following documents: -
i. The self-attested copy of Certificate of Incorporation is Ex. PW-
1/1.
ii. The true copy of Extract of Board Resolution dated 09.11.2024 is Ex. PW-1/2.
iii. The business card of Mr. Anil Kumar Jha, Group CEO, Bestone Industries Pvt. e-mail forwarded to Mr. Rajeev Yadav and Proforma Invoice/Sales Order dated 13.02.2023 attached with above e-mail are Ex. PW-1/3 to Ex. PW-1/5 (collectively) respectively.
iv. E-mail dated 02.03.2023 forwarded by Mr. Rajeev Yadav to Plaintiff Company and Purchase Order dated 02.03.2023 are NEERA BHARIHOKE CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 8 of 13 Digitally signed by NEERA BHARIHOKE Date: 2025.03.11 14:34:23 +0530 exhibited as Ex. PW-1/6 and Ex.1/7 respectively.
v. The Company Information and Directors' list for Bestone Industries Pvt. Ltd. and Bestone Meest Information Technology Services Pvt. Ltd. downloaded from the official website of Registrar of Companies Ministry of Corporate Affairs, Government of India as Ex. PW-1/8 (collectively) and Ex. PW-1/9 (collectively) respectively.
vi. An attested copy by Kotak Mahindra Bank of Statement of Account, dated 05.03.2023, reflecting the IMPS payment of Rs.2,00,000/- as Ex. PW-1/10.
vii. A copy of email dated 13.03.2023 under subject "VMWARE SUPPORT AND SUBSCRIPTION CONFIRMATION - ORDER# 25911968" is Ex. PW- 1/11 (collectively).
viii. Office copy of Tax Invoice dated 30.03.2024 for Rs.5,17,037/- is Ex. PW-1/12.
ix. Copy of email dated 09.06.2024 and Ledger Account from 1 st April 2023 to 4th June, 2023 forwarded by Plaintiff Company to the Defendant Company via e-mail are Ex. PW-1/13 and Ex. PW- 1/14 respectively.
x. The Statement of Account in the name of Bestone Industries Pvt.
Ltd. for the FY 2022-23, FY 2023-24 and Statement of Account in the name of Bestone Meest Information Technology Services Pvt. Ltd. for the FY 2023-24, 2024-25 are Ex. PW-1/15, Ex. PW-1/16, Ex. PW-1/17 and Ex. PW-1/18 respectively.
xi. Copy of Legal Notice dated 11.06.2024 and Original Registered Postal Receipts are Ex. PW-1/19 (Colly.), Ex. PW-1/20 and Ex. PW-1/21 respectively.
xii. The Internet Postal Tracking Report downloaded from the official website of India Post, Government Of India, Department of Post is Ex. PW-1/22 and undelivered Registered Post Envelop containing NEERA BHARIHOKE CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 9 of 13 Digitally signed by NEERA BHARIHOKE Date: 2025.03.11 14:34:31 +0530 legal Notice as Ex. PW-1/23.
xiii. Copy of Non-Starter Report dated 04.10.2024 is Ex. PW-1/24.
xiv. Affidavit/Certificate u/s 63 of Bhartiya Sakshya Adhiniyam is Ex.
PW-1/25.
7. PW-1 was discharged on 03.03.2025 as Defendant was proceeded ex parte. On the same day, vide separate statement given by Shri Imran Khan, Authorised Representative of the Plaintiff, Plaintiff's Evidence was closed.
8. On 01.02.2025, the summoned witness brought the summoned record and was discharged after taking the summoned record. On the same day, PW-1 was cross examined by learned Counsel for the Defendant and he was discharged and Plaintiff's Evidence was closed.
DEFENDANT'S EVIDENCE
9. As the right of the Defendant to file Written Statement was closed and in view of closing the right of the Defendant to file Written Statement, the matter was not adjourned for Defendant's Evidence and the final arguments were heard.
FINAL ARGUMENTS
10. On 03.03.2025, learned Counsel for Plaintiff advanced NEERA BHARIHOKE CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 10 of 13 Digitally signed by NEERA BHARIHOKE Date: 2025.03.11 14:34:39 +0530 submissions about the factual matrix of the case alongwith reference to the relevant documents which were tendered by PW-1.
FINDINGS
11. The detailed submissions of learned Counsel for Plaintiff were heard. I have carefully gone through the record.
12. The Defendant made the only payment of Rs.2,00,000/- which was made as an advance to the Plaintiff on 05.03.2023 as reflected by Ex. PW-1/10. The suit has been filed in December, 2024. Therefore, the suit is filed within limitation.
13. The suit of the Plaintiff is based upon the documents placed on record as Ex. PW-1/1 to Ex.PW-1/25. It is noticed that in Ex. PW-1/11 which contains mail dated 13.03.2023 of VMware Order Management Team addressed to Rajiv Yadav of the Defendant Company thanking the Defendant for purchasing support and subscription from VMware and the same exhibit contains on its stopped the mail from Rajiv Yadav dated 11.04.2023 written to sales person of Plaintiff namely Anup Kumar and to Umesh Tiwari, the sales person of Defendant, subject of the mail being FW:VMware Support and Subscription Confirmation-Order#25911968. The same is the subject to the e-mail dated 13.03.2023 referred herein before. Therefore, the mail dated 11.04.2023 reflects that the Defendant had itself forwarded the said mail to the Plaintiff by writing FYI i.e. for NEERA BHARIHOKE CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 11 of 13 Digitally signed by NEERA BHARIHOKE Date: 2025.03.11 14:34:47 +0530 your information. Therefore, it supports the submissions of the Plaintiff that because of the privacy / confidentiality involved, VMware supplied the order No.25911968 to the Defendant as per the order placed by the Defendant on the Plaintiff. The amount mentioned in the Ex. PW-1/12 i.e. Tax Invoice dated 30.03.2024 raised by the Plaintiff upon the Defendant, Rs.3,44,566/- and Rs.93,611/- totalling to Rs.5,17,037/- is the same which is mentioned in the Ex. PW-1/7, Purchase Order placed by the Defendant on the Plaintiff and is for the same software which is mentioned in Ex. PW-1/7 i.e. Purchase Order.
14. PW-1 has also deposed to the same effect in his examination in chief. The present suit has been filed for Rs.3,17,037/- by adjusting the advance amount of Rs.2,00,000/- received by the Plaintiff from the Defendant which has been adjusted towards Rs.5,17,037/-.
15. The testimony of PW-1 has been duly corroborated by the other documents placed on record. There is no occasion to doubt the veracity of the said witness and for that matter, the authenticity of testimony led by him. The testimony has gone unrebutted and unchallenged as Defendant did not appear despite being served. This court finds no reason to disbelieve the on-oath testimony of the Plaintiff coupled with the relevant documents. Hence, the Plaintiff has successfully proved its case by preponderance of probability.
NEERA BHARIHOKE Digitally signed by NEERA BHARIHOKE Date: 2025.03.11 14:34:55 +0530 CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 12 of 13
16. Accordingly, the the plaintiff is held entitled to recover from the Defendant a sum of Rs.3,17,037/-. Plaintiff has prayed for pendente lite and future interest @ 18 % per annum till realization.
17. The suit is therefore decreed and the Defendant is directed to pay to Plaintiff a sum of Rs.3,17,037/- alongwith pendente lite and future interest @ 18% per annum till realization. Defendant is also directed to pay to Plaintiff the cost of the suit which shall include pleader's fee and the other costs on the scale provided under section 35 of the Code of Civil Procedure as substituted by Commercial Courts Act. If the payment is not made within thirty days, the cost shall carry simple interest @ 6% per annum.
18. Decree sheet be prepared accordingly.
File be consigned to record room after necessary compliance.
Digitally signed by NEERA BHARIHOKE NEERA Announced in the open BHARIHOKE Date: 2025.03.11 14:35:04 Court on 11.03.2025 +0530 (Dr. Neera Bharihoke) District Judge (Commercial Court)-06 South East, Saket, New Delhi 11.03.2025
Certified that this judgment contains 13 pages and each page bears my signatures. Digitally signed by NEERA NEERA BHARIHOKE BHARIHOKE Date: 2025.03.11 14:35:10 +0530 (Dr. Neera Bharihoke) District Judge (Commercial Court)-06 South East, Saket, New Delhi 11.03.2025 CS (Comm) 3929/24 M/s Comnet Vision (India) Pvt. Ltd. Vs. M/s Bestone Meest Information Page 13 of 13