Delhi District Court
M/S. Freight Bridge Logistics Pvt. Ltd vs M/S Blue Marine Freight Forwarders Pvt. ... on 24 July, 2018
IN THE COURT OF SH. VIKRANT VAID:
ACJ/CCJ/ARC(SOUTH EAST DISTRICT),
SAKET COURTS, NEW DELHI
New CS No.780/17
M/s. Freight Bridge Logistics Pvt. Ltd.
501, 5th floor, 56, Eros Apartments,
Nehru Place, New Delhi 110019.
............. Plaintiff
Versus
M/s Blue Marine Freight Forwarders Pvt. Ltd.
WZ.83, Second floor, Dwarka More,
Opposite Gopalji dairy, New Delhi110059
............Defendant
SUIT FOR RECOVERY OF RS. 1,28,565/
Date of filing- 09.06.2017
Date of Judgment- 24.07.2018
JUDGMENT
1. It is plaintiff's case that plaintiff company is engaged in the business of freight forwarding, logistics handling and custom clearance of shipments. Defendant is also a company incorporated under the Companies Act, 1956. In the year 201415, defendant company approached and availed the services of plaintiff company for carriage/export of shipment/cargo/consignments of its customers to the desired destination. Consequent to the booking of said consignments/shipments, the plaintiff raised invoices against the same. However, defendant defaulted in making payments against the invoices raised by the plaintiff and therefore, the plaintiff was compelled M/s Freight Bridge Logistics Pvt Ltd. vs. M/s Blue Marine Freight Forwarders Pvt. Ltd. CS No.780/17 Page 1 of 3 to sent a Legal Notice dated 14.09.2015 to the defendant for recovery of outstanding amount of Rs. 90,182/ but defendant failed to pay the said outstanding amount. Hence, the present suit was filed for recovery of Rs. 1,28,565/ (including interest) alongwith pendente lite and future interest @ 18% per annum.
2. The summons of the suit were served upon the defendant. However, he failed to appear before the Court and hence, defendant was proceeded against exparte.
3. In exparte evidence, Sh. Ganesh L., AR of the plaintiff company was examined as sole witness 'PW1'. He tendered his evidence by way of affidavit as Ex. PW1/A and reiterated the averments made in the plaint. He relied upon the following documents: i. Copy of extracts of the Board Resolution dated 12.05.2017 as Ex.PW1/1.
ii. Computer generated Invoices as Ex.PW1/2 (colly). iii. Computer generated statement of account of defendant reflecting the total unpaid/outstanding service charges as Ex. PW1/3.
iv. Computer generated emails dated 29.04.2015 & 30.04.2015 as Ex. PW1/4 (colly).
vii. Copy of legal notice dated 14.09.2015 along with postal receipts and returned envelope as Ex. PW1/5 (colly).
viii. Copy of the letter dated 08.10.2015 along with postal receipts and returned envelope as Ex. PW1/6 (colly).
4. I have heard the arguments and considered the material on record.
5. The AR of the plaintiff was examined as PW1 in order to M/s Freight Bridge Logistics Pvt Ltd. vs. M/s Blue Marine Freight Forwarders Pvt. Ltd. CS No.780/17 Page 2 of 3 prove the plaintiff's case. PW1 has deposed in consistence with the plaintiff's case. The deposition of PW1 went unchallenged as he was not cross examined. I have no reason to disbelieve the unrebutted testimony of PW1 and veracity of the documents proved as Ex.PW1/1 to Ex.PW1/6 (colly). In the aforesaid facts and circumstances, the plaintiff is entitled to the decree of Rs. 90,182/.
6. The plaintiff is claiming interest @ 18% per annum which in my opinion is exorbitant and unreasonable. Considering the totality of circumstances, I am of the opinion that ends of justice would be met if plaintiff is granted interest @ 6% p.a.
7. In light of the above discussions, the suit of the plaintiff is partly decreed and it is held that defendant is liable to pay Rs. 90,182/ alongwith pendente lite and future interest @ 6% per annum w.e.f. 09.06.2017 till realization of the decretal amount.
8. Costs of the suit are awarded in favour of the plaintiff and against the defendant.
9. Decree sheet be prepared accordingly.
Announced in the open Court (Vikrant Vaid)
today on 24th July, 2018 ACJ/CCJ/ARC(SE)
Saket Courts, New Delhi
M/s Freight Bridge Logistics Pvt Ltd. vs. M/s Blue Marine Freight Forwarders Pvt. Ltd. CS No.780/17 Page 3 of 3