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Delhi District Court

Suit No.336/12 vs S.P. Medi Equipment Pvt. Ltd on 25 November, 2014

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                         IN THE COURT OF SH. SHAILENDER MALIK, 
                             LD. SCJ/RC/NW/ROHINI COURTS/DELHI

Suit No.336/12
Federal Express Corporation (FedEx) 
A body corporate constituted u nder 
the law prevailing in Delaware USA
having its office at Universal Trade Tower
7th Floor, Sector­49, Sohana Gurgaon Road, 
Haryana, Through its AR Sh. Vikram Mehta                              ............. Plaintiff.


                                                          Vs
S.P. Medi Equipment Pvt. Ltd. 
Through its Director
Mr. Shailesh Verma, 
At C­11/93, CS, C­7, Pocket­F­3,
Sector­15\6, Rohini, Delhi.                                            .............   Defendant


Date of institution                                                 ...........    26.11.2012
Date of reserving judgment                                          ...........    25.11.2014 
Date of announcing judgment                                         ..........     25.11.2014


JUDGMENT  

This is a suit for recovery of sum of Rs.16,112/­. Plaintiff is a body corporate, constituted under the law prevailing in USA having its branch office at Mumbai, and local office at Gurgoan, Haryana. Plaintiff company is inter alia engaged in business of air freight and shipment of cargoes to various destinations out side India etc. Additional Registrars of companies, Delhi and Haryana vide its certificate no.F­1569 dated 01.02.99 had issued certificate of Establishment of Place of Business in India in the name of plaintiff company. Reserve Bank of India had permitted plaintiff to open its office at difference cities of India including at New Delhi vide letter dated 05.09.2005. present suit has been filed on behalf of plaintiff company by Sh. Vikram Mehta, Customer Financial Services Representative and its Principle Officer duly authorized by SPA dated 13.05.2009 to verify, depose, sign and institute the suit on behalf of plaintiff. Said SPA was extended by Power of Attorney dated 20.04.2011 of Vice President (legal) of plaintiff company.

Defendant is engaged in business of import and export and has obtained certificate of Importer - Exporter code bearing no.0505028875 dated 08.07.2005, issued by Ministry of Commerce, defendant is carrying on its business in name and style of S.P Medi Equipments Pvt. Ltd. Defendant stated to have entered into service contract with plaintiff company in terms of FedEx Services Contract (FSC) dated 01.08.2005, pursuant to said agreement Account Customer no.3234­0038­5 was issued by plaintiff to defendant. Terms and conditions of agreement were duly understood and accepted by defendant and in token of its acceptance, defendant's director Shailesh Verma signed the same. It is stated that under the above said agreement plaintiff agreed to provide shipper services to various destination outside India. Based on representations made by defendant and the assurance given under the agreement, plaintiff company started delivering the consignment of defendant to various destination as directed by defendant, details of which have been given in air way bills. Plaintiff shipped one consignment of defendant vide airway bill dated 20.10.2009 and on the basis of same plaintiff company raised invoice dated 25.11.2009. the above said invoice no. 9­646­80508 of sum of Rs.8,895/­ was duly served upon to defendant. It is stated that despite receipt of the above said invoice defendant failed to release the outstanding amount. As per the clause (j) of above said agreement, payment of invoice was to be made by defendant within 15 days of invoice, failing which it will carry interest @ 2% per month and as per clause (g) of said agreement, defendant could have raise any query about the invoice, within 7 days of its receipt. It is alleged that since defendant has failed to make the payment therefore, defendant was liable for payment of total amount of Rs.16,112/­ including interest up to the date of filling the suit, since defendant failed to make the payment of the same despite service of legal notice dated 21.06.2012, hence the present suit for recovery of above said amount.

Though suit was originally filed under Order 37 CPC however, was taken up as ordinary suit for recovery, when none appeared on behalf of the defendant despite service by way of publication, defendant was proceeded ex­parte.

In an ex­parte evidence on behalf of plaintiff company its authorized representative namely Vikram Mehta had appeared in the witness box who in his affidavit of examination in chief tendered in evidence, has testified all those facts as discussed above. PW­1 has proved SPA in his favour as Ex. PW­1/2, FSC Contract as Ex. PW­1/3, invoice and airway bills Ex. PW­1/4, statement of account as Ex. PW­1/5.

Having appreciated the facts and the evidence as come on the record, it would be clear from Ex. PW­1/3 that airway bill for consignment of surgical goods for destination of Cambodia was raised on 20.10.2009 and invoice was raised on 25.11.2009 for sum of Rs. 8,895/­. It has come in the unrebutted testimony of PW­1 that despite receipt of above mentioned bills, defendant company failed to make the payment of same within the stipulated period as agreed under the agreement Ex. PW­1/2. This fact is very much reflected in the statement of account Ex. PW­1/4. Plaintiff stated to have served a legal notice Ex. PW­1/5 however when payment was not being made present suit was filed. Considering the unchallenged evidence of PW­1 and the documents proved on the record, I find that plaintiff's suit is within limitation and proved by preponderance of probability. Accordingly, suit of the plaintiff stands decreed for total sum of Rs.16,112/­ with pendentlite and future interest @ 12% per annum. Suit stands decreed with cost. Decree sheet be prepared. File be consigned to record room.

Announced in the open court
On 25.11.2014                                               (SH. SHAILENDER MALIK)
                                                          (SCJ­RC, ROHINI COURTS, DELHI)
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Suit No.336/12
25.11.2014

Pr.   Sh. Ninad Dogra Ld. counsel for the plaintiff.
      Defendant ex­parte. 

      Final arguments heard.
      Put up for orders at 4:00 pm.

                                                        (SH. SHAILENDER MALIK)
                                                   (SCJ­RC, ROHINI COURTS, DELHI

At 4:00 pm.

Pr.   None 

Vide my separate judgment of even date, suit of the plaintiff stands stands decreed for total sum of Rs.16,112/­ with pendentlite and future interest @ 12% per annum. Suit stands decreed with cost. Decree sheet be prepared. File be consigned to record room.

(SH. SHAILENDER MALIK) (SCJ­RC, ROHINI COURTS, DELHI