Delhi District Court
M/S Manpowergroup Services India Pvt ... vs Olx India Pvt Ltd on 17 July, 2025
IN THE COURT OF Ms. NIRJA BHATIA
DISTRICT JUDGE (COMM-07), DIGITAL
SOUTH-EAST DISTRICT, SAKET COURT, NEW DELHI
CS (COMM) 99/2025
M/s Manpowergroup Services India Pvt. Ltd.
Having its branch office at:
Suite No. A, 1a,
1st Floor, Infra Palace, Gobind Mansion,
H-Block, CP, New Delhi.
.........Plaintiff
Versus
OLX India Pvt. Ltd.
Having its office at:
DLF Corporate Park, Ground Floor,
Tower 3A, DLF City, Phase-III,
M. G. Road, Gurugram, Haryana.
Also at:
415, AKD Tower, Near Huda Office,
Sector-14, Gurgaon, Arjun Nagar,
Haryana.
....... Defendant
Date of Institution: 01.02.2025
Arguments concluded on : 17.07.2025
Date of Judgment: 17.07.2025
JUDGMENT
1. This exparte judgment shall decide the claim for recovery of Rs. 13,80,587/- (Rupees Thirteen Lacs Eighty Thousand Five Hundred and Eighty-Seven only) alongwith interest, pendente lite and future.
2. The suit is filed by M/s Manpowergroup Services India Pvt. Ltd., a company incorporated and having its headquarters at Digitally signed by NIRJA NIRJA BHATIA BHATIA Date:
2025.07.17 16:40:58 +0530 Manpowergroup Services Vs. OLX India Page 1 of 6 Milwaukee, USA. M/s Manpowergroup is winner of many titles and awards such as Fortune 500 companies, most admired company, world's most ethical company etc. (M/s Manpowergroup Services India (P) Ltd. hereinafter referred as plaintiff). The suit is filed through AR Sh. Tarun Jhinijharia, Legal Manager.
3. OLX India Pvt. Ltd. is named defendant, is a company incorporated under the Companies Act, having its residence and place of operation at DLF Corporate Park, Ground Floor, Tower 3A, DLF City, Phase-III, M. G. Road, Gurugram, Haryana.
4. The suit is premised on the facts that the parties had an agreement, wherein defendant had agreed to provide staffing services to defendant, against which the defendant was obligated to make the payments. As per plaintiff, agreements were entered on 04.01.2015 to 03.01.2017, 13.04.2017 to 13.04.2018, 04.01.2018 to 01.01.2019 and on 05.01.2019 to 04.01.2020. Plaintiff claimed that during the subsistence of agreement, plaintiff provided defendant with best suited resources as per defendant's requirements and rendered pay-roll services as per staffing service agreement, which agreement were straight forward in nature.
5. Plaintiff claims that defendant apart from remuneration was also required to make payment against clearance provident fund for deployed resources. The plaintiff hence raised an invoice dated 31.12.2020 for an amount of Rs. 7,95,275/- reflecting revised PF, calculable, pursuant to employees PF fund. Plaintiff claims that an amount of Rs. 29,10,192/- as outstanding has been Digitally signed by NIRJA acknowledged by the defendant vide agreement dated NIRJA BHATIA BHATIA Date:
2025.07.17 16:41:03 +0530 Manpowergroup Services Vs. OLX India Page 2 of 6 16.03.2022, which both amounts were payable by the defendant for the services received to the defendant as well as to its subsidiary M/s Subek Auto India Pvt. Ltd. Plaintiff then asked for the break-up against the above, upon which defendant chose not to respond. A meeting was held in the month of June 2022, however, defendant refused to engage.
6. Plaintiff claims that a legal notice was served, however, it did not yield any result. Plaintiff moved pre-litigation mediation, however, a non-starter report dated 02.04.2024 was returned. Based on above facts, plaintiff claims an amount of Rs. 13,80,587/- alongwith interest @ 18% with costs.
Note of the proceedings
7. This suit is received on 01.02.2025, whereupon process was directed. The processes were returned unexecuted with the report 'left'. The defendant then could be served by way of email as the last mail sent on 09.04.2025 carrying the process and the PDF of plaint and annexures had not bounced back. As no written statement was received despite service within statutory period, the opportunity to file the same was closed on 02.06.2025. Plaintiff tendered evidence by way of an affidavit of PW-1 and exhibited its supporting documents. As no appearance on behalf of defendant was received despite calls since morning, defendant was proceeded exparte by the order of the date. Exparte final arguments heard.
NIRJA BHATIA Digitally signed by NIRJA BHATIA Date: 2025.07.17 16:41:08 +0530 Manpowergroup Services Vs. OLX India Page 3 of 6 Plaintiff' evidence
8. PW-1 Sh. Tarun Jhinjharia has tendered his evidence by way of affidavit and has exhibited the documents below:
(1) Original Copy of Board Resolution dated 25.07.2024 is Ex.PW- 1/1.
(2) Master date of the Plaintiff Company is hereby exhibited as Ex.PW-1/2.
(3) Master date of the defendant is hereby exhibited as Ex.PW-1/3. (4) The Agreement dated 04.01.2016 is hereby exhibited as Ex.PW- 1/4.
(5) The Agreement dated 13.04.2017 is hereby exhibited as Ex.PW- 1/5.
(6) The Agreement dated 04.01.2018 is hereby exhibited as Ex.PW- 1/6.
(7) The Agreement dated 05.01.2019 is hereby exhibited as Ex.PW- 1/7.
(8) The invoice dated 31.12.2020 is hereby exhibited as Ex.PW-1/8. (9) The email dated 16.03.2022 is hereby exhibited as Ex.PW-1/9. (10) The legal notice dated 30.08.2022 along with delivery proof is hereby exhibited as Ex.PW-1/10 (colly.) (11) The non-starter report dated 02.04.2025 is hereby exhibited as Ex.PW-1/11.
(12) The Certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023 as Ex.PW-1/12 which bears plaintiff signature at point A.
9. I have heard the final arguments and have carefully gone through the record.
Digitally signed by NIRJA NIRJA BHATIA BHATIA Date:
2025.07.17 16:41:13 +0530 Manpowergroup Services Vs. OLX India Page 4 of 6 Discussion & Findings
10. The plaintiff has, by virtue of tendering the examination- in-chief, exhibited on record the copies of agreement executed between the parties. The agreements are Ex. PW-1/4 to Ex. PW- 1/7 and are dated 04.01.2016, 13.04.2017, 04.01.2018 and 05.01.2019. The invoice raised against the defendant is Ex. PW- 1/8. The plaintiff has exhibited the emails dated 16.03.2022, wherein the defendant acknowledged the amount as outstanding as Ex. PW-1/9. The legal notice alongwith proof of service has been exhibited as Ex. PW-1/10 collectively. Plaintiff then exhibited the Non-Starter Report as Ex. PW-1/11. All the above documents have then been supported with certificate under Section 63(4)(c) of the BSA. Further, the suit has also been moved alongwith declaration on oath under Order XI Rule 6 (3) CPC. In preponderance, the facts stated in the plaint for claim of recovery are established. Hence, the suit of the plaintiff is decreed for the an amount of Rs. 7,95,275/-.
Interest
11. While interest @ 18% is claimed, there is no premise suggested for claiming the above rate. As in case of commercial transactions, the CPC under Section 34 has carved out a levy of interest above 6% as permissible, however, the plaintiff cannot be dispensed from establishing the premise for a higher rate of interest which otherwise tantamounts to penal interest. Plaintiff has not made any statement on the above, in which background, the plaintiff's interest is restricted to 12% on the principal Digitally signed by NIRJA NIRJA BHATIA BHATIA Date:
2025.07.17 16:41:17 +0530 Manpowergroup Services Vs. OLX India Page 5 of 6 amount of Rs. 7,95,275/-, which is in application on commercial transaction.
12. Accordingly, the suit of plaintiff is decreed for an amount of Rs. 7,95,275/- (Rupees Seven Lacs Ninety-Five Thousand Two Hundred and Seventy-Five only) alongwith interest @ 12% from the date due till realization. Plaintiff is also held entitled to recover the costs on account of Court fee @ Rs. 15,862/- and lawyer's fee @ Rs. 10,000/-, in terms of Section 35 CPC. The amount of lawyer's fee is restricted to above amount for want of certificate of fee having been filed.
13. Decree sheet be drawn and file be consigned to Record Room after completion of necessary formalities.
Digitally signed by NIRJA NIRJA BHATIA BHATIA Date:
2025.07.17 16:41:21 +0530 Announced in open Court (Nirja Bhatia) today on 17th July, 2025 District Judge (Comm. Court) (Digital-07) South-East, Saket Court, New Delhi Manpowergroup Services Vs. OLX India Page 6 of 6