Delhi District Court
Matrix Cellular (International) ... vs Mr. Ajay Kumar on 23 May, 2012
IN THE COURT OF SHRI RAJ KUMAR TRIPATHI,
ADDITIONAL SENIOR CIVIL JUDGE (SOUTH),
SAKET COURTS, NEW DELHI.
CS No. 129/2012
Unique Case ID No. 02406C0079002012
Matrix Cellular (International) Services Pvt. Ltd.,
07, Khullar Farms, 140, New Manglapuri,
Mandi Road, Mehrauli, New Delhi 110 030.
Plaintiff
Versus
1. Mr. Ajay Kumar
S/o Shri Sukhbir Singh
C/o Akhil Steels,
R/o 17, Vijay Mandi,
Muradnagar, Ghaziabad (U.P.)
2. Mr. Abhinav Garg
S/o Shri S.S. Garg
R/o 33C, Shivaji Road,
Jagannath Puri, Meerut (U.P.)
(The suit withdrawn against him on 23.05.2012)
Defendants
DATE OF INSTITUTION : 10.04.2012
DATE OF RESERVING JUDGMENT : 14.05.2012
DATE OF PRONOUNCEMENT : 23.05.2012
CS No. 129/2012 Page No. 1 of 6
SUIT FOR RECOVERY OF A SUM OF Rs. 11,526/
(RUPEES ELEVEN THOUSAND FIVE HUNDRED AND
TWENTY SIX ONLY) UNDER ORDER XXXVII CPC.
JUDGMENT
1. This is a suit filed Under Order XXXVII of The Code of Civil Procedure (in short "CPC") by plaintiff company for recovery of liquidated sum of Rs. 11,526/ along with interest. After the summons of the suit were issued to defendants in the prescribed form as defined under Order 37 (2) (Sub Rule 2) CPC, defendants have not entered their appearances.
2. Defendant no. 1 remained absent despite service of summons upon him at his address at 17, Vijay Mandi, Muradnagar, Ghaziabad (U.P.)
3. On the statement given by counsel for plaintiff on 23.05.2012, the suit of the plaintiff was dismissed as withdrawn against defendant no. 2 - Mr. Abhinav Garg.
4. I have heard learned counsel for plaintiff at considerable length and have perused the record.
5. The plaintiff is a Private Limited company registered under The Companies Act, 1956 and dealing in International Mobile Rental CS No. 129/2012 Page No. 2 of 6 Services having its registered office at 07, Khullar Farms, 140, New Manglapuri, Mandi Road, Mehrauli, New Delhi 110 030. The suit is instituted through Shri Chandra Shekhar, Executive, legal who has been authorized vide board resolution dated 27.1.2011 to sign and verify all pleadings on behalf of plaintiff company. It is stated that defendant no. 1 had applied for International Mobile Connection and procured the Standard Application form containing the terms & conditions regarding the usage of connection. The defendant categorically signed a statement that he has read and understood the terms & conditions of the Agreement Form dated 11.05.2009 and agreed to abide by them. On the basis of the information/statement furnished by the defendant no. 1 and Credit Card details provided by defendant no. 2, the plaintiff gave him International Mobile connection Nos. 7942850155 and 7942850156 under the Agreement Nos. M752259 and M752258. As per the accounts maintained by plaintiff company, an outstanding amount of Rs. 11,526/ is due and payable by the defendants towards the International Mobile Connection Nos. 7942850155 and 7942850156 but despite repeated reminders and requests, the defendant intentionally and deliberately failed to pay the same with ulterior motives. The suit is based on Agreement Form dated 11.05.2009, which is placed on record in original by plaintiff CS No. 129/2012 Page No. 3 of 6 hence the same is covered within the provisions of Order XXXVII CPC and is also tendered within limitation.
6. There is no relief claimed by plaintiff which does not fall within the ambit of the provisions of Order, 37 CPC.
7. It is useful to refer the relevant provisions of law which are as under: Order XXXVII Rule 3(1) CPC.
(1) In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such services, enter an appearance either in person or by pleader and, in either case, he shall file in court an address for service of notice on him.
Order XXXVII Rule 2(3) CPC.
(3) The defendant shall not defend the suit referred to in sub rule(1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for costs as may be determined by the Hon'ble High Court from time to time by rules made in that behalf and such decree may be executed forthwith.
8. In view of the above mentioned provisions of law, it is clear that if the defendant makes default in entering his appearance within CS No. 129/2012 Page No. 4 of 6 ten days from the date of service of summons upon him, the allegations as levelled in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree. As per record, the defendant no. 1 stood served with the summons of the suit in prescribed proforma on 27.04.2012. Till date, no appearance has been entered into by the defendant no. 1 and accordingly the allegations levelled in the plaint are deemed to be admitted by him, entitling the plaintiff to a decree straightway.
9. The plaintiff has placed on record the original Agreement Forms dated 11.05.2009, tariff plan; account ledger of the defendant no. 1, itemized bills, legal notice dated 22.2.2011, copy of passport of defendant no. 1, credit card of defendant no. 2 and copy of driving license of defendant no. 2 given to plaintiff for reimbursement of the usage of the mobile numbers. The documents placed on record by the plaintiff shows that a written contract was executed between the parties. The defendant availed the services of the plaintiff and undertook to make payment of the same. The defendant failed to make payment despite using the services of the plaintiff. The ledger account of defendant no. 1 shows that the defendant is liable to pay a sum of Rs. 11,526.85 for using the services of the plaintiff. CS No. 129/2012 Page No. 5 of 6
10. Hence, in the given circumstances, suit of the plaintiff is decreed with costs against defendant. Defendant no. 1 is directed to pay a sum of Rs. 11,526.85 to the plaintiff with interest @ 8% per annum from the date of filing of the suit till its realization. Decree sheet be prepared. File be consigned to record room.
(Announced in open Court (RAJ KUMAR TRIPATHI)
on 23.05.2012) Additional Senior Civil Judge (South)
Saket Courts, New Delhi.
CS No. 129/2012 Page No. 6 of 6