Delhi District Court
Professional Impex Private Limited vs M/S A N Freight Solutions on 13 June, 2025
IN THE COURT OF MS. TARUNPREET KAUR
ACJ-CUM-CCJ-CUM-ARC
SOUTH-EAST, SAKET COURTS, NEW DELHI
CS No. 997/2024
PROFESSIONAL IMPEX PRIVATE LIMITED Vs. M/S A N
FREIGHT SOLUTIONS
PROFESSIONAL IMPEX PRIVATE LIMITED Vs. M/S A N
FREIGHT SOLUTIONS
Having its registered office at :
First Floor, Harbans Bhawan-I,
DDA Business Complex,
Nangal Raya, New Delhi-110046
Through its Authorized Representative Sh. Bibek Kumar Jha
.... plaintiff
Versus
M/S A N FREIGHT SOLUTIONS
A Proprietorship firm
Through Harish Kumar Kanojia, Proprietor
28, Masjid Moth, Greater Kailash I,
Near Chirag Delhi, South Delhi,
New Delhi-110048
.... defendant
SUIT FOR RECOVERY OF SUM OF Rs. 2,17,458/-
(RUPEES TWO LACS SEVENTEEN THOUSAND FOUR
HUNDREN AND FIFTY EIGHT ONLY) ALONGWITH
PENDENTE LITE, FUTURE INTEREST AND COSTS
Date of Institution : 03.08.2024
Date of Decision : 13.06.2025
CS SCJ 997/24
Professional Impex Pvt. Ltd. Vs. M/s AN Freight Solutions
Page No. 1 of 7
EX-PARTE JUDGMENT
1.Vide this judgment, the present suit filed on behalf of the plaintiff for recovery of Rs. 2,17,458/- alongwith pendente lite and future interest @ 18% per annum from the date of filing this suit till the date of realization and costs shall be disposed of.
2. The facts of the present matter in brief are that the plaintiff is a company incorporated under the Companies Act, 1956 and having its registered office at Harbans Bhawan I, First Floor, DDA Business Complex, Nangal Raya, New Delhi. It has been further averred that Sh. Bibek Kumar Jha has been authorized vide Board Resolution dated 20.07.2022 as authorized representative of plaintiff company to pursue the present matter. It has been further averred that the plaintiff company is providing service of transportation and delivery of imported goods to its clients in Delhi NCR area, whereas defendant is a clearing and forwarding agency. Further, the defendant approached the plaintiff company for getting certain goods / material imported and clear from customs in name of different parties. The plaintiff provided the said service to the defendant through its associate concern namely M/s Professional Exim and certain bills / invoices had been raised by the plaintiff company with respect to the same.
2.1 It has been further averred that the defendant made certain payments with respect to the aforesaid transaction CS SCJ 997/24 Professional Impex Pvt. Ltd. Vs. M/s AN Freight Solutions Page No. 2 of 7 from time to time and the last payment made by him, which is of Rs. 25,000/-, was on 15.09.2022. Further, as per the Ledger account maintained by the plaintiff company with respect to transaction with the defendant, an amount of Rs. 1,65,104/- is remaining to be paid by the defendant to the plaintiff company as on 15.09.2022. Further, the defendant has avoided and neglected to make the said payment despite repeated demands by the plaintiff company. It has been further averred that the defendant has also become liable to pay interest @ 18% per annum (as per bill / invoice) on the aforesaid balance amount for the period from 23.09.2022. It has been further averred that therefore, the interest amount from 23.09.2022 to 26.06.2024 at the aforestated due amount has come to Rs. 52,354/-. In this manner, a total amount of Rs. 2,17,458/- is due to be paid by the defendant. Further, the plaintiff company also got issued a legal demand notice dated 27.06.2024, which was served upon the defendant on 01.07.2024, however, no payment has been made by the defendant till date. Hence, the present suit.
3. Summons issued upon the defendant had been received back unserved on 23.10.2024 with a report of "refusal". Accordingly, the summons had been deemed to have been served upon the defendant. Despite service of summons, the defendant failed to appear before the court nor did he file any WS. Accordingly, defendant was proceeded against ex parte vide order dated 13.01.2025.
CS SCJ 997/24Professional Impex Pvt. Ltd. Vs. M/s AN Freight Solutions Page No. 3 of 7
4. In support of its case, plaintiff firm got examined its Authorized Representative namely Sh. Bibek Kumar Jha, as PW-1. He tendered his evidence by way of affidavit Ex.PW-1/A wherein, he reiterated and reaffirmed the facts mentioned in the plaint on oath. Further, he also relied upon certain documents which are as following:-
S.No. Documents Exhibit
1 True copy of Board of Resolution dated Ex.PW1/1
20.07.2022
2 Invoice No. 18SB7215893 dated Ex.PW1/2
27.11.2018
3 Invoice No. 18SB7215938 dated Ex.PW1/3
28.11.2018
4 Invoice No. 18SB7216180 dated Ex.PW1/4
06.12.2018
5 Invoice No. 18SB7216254 dated Ex.PW1/5
10.12.2018
6 Invoice No. 18SB7216644 dated Ex.PW1/6
21.12.2018
7 Invoice No. 18SB7216894 dated Ex.PW1/7
31.12.2018
8 Invoice No. 18SB7216895 dated Ex.PW1/8
31.12.2018
9 Invoice No. 18SB7217251 dated Ex.PW1/9
15.01.2019
10 Invoice No. 18SB7217279 dated Ex.PW1/10
16.01.2019
11 Invoice No. 18SB7217363 dated Ex.PW1/11
17.01.2019
12 Invoice No. 18SB7217364 dated Ex.PW1/12
17.01.2019
CS SCJ 997/24
Professional Impex Pvt. Ltd. Vs. M/s AN Freight Solutions Page No. 4 of 7 13 Invoice No. 18SB7217380 dated Ex.PW1/13 17.01.2019 14 Invoice No. 18SB7217518 dated Ex.PW1/14 22.01.2019 15 Invoice No. 18SB7217604 dated Ex.PW1/15 24.01.2019 16 Invoice No. 18SB7217696 dated Ex.PW1/16 29.01.2019 17 Invoice No. 18SB7217697 dated Ex.PW1/17 29.01.2019 18 Invoice No. 18SB7217736 dated Ex.PW1/18 29.01.2019 19 Computer generated copies of ledger Ex.PW1/19 account maintained by plaintiff dated 27.11.2018 to 31.03.2019 20 Computer generated copies of ledger Ex.PW1/20 account maintained by plaintiff dated 01.04.2019 to 31.03.2020 21 Computer generated copies of ledger Ex.PW1/21 account maintained by plaintiff dated 01.04.2020 to 26.06.2024 22 Legal notice dated 27.06.2024 Ex.PW1/22 23 Original postal receipt Ex.PW1/23 24 Tracking report Ex.PW1/24 25 Certificate u/s 65 B IEA Ex.PW1/25
5. No other witness was examined by the plaintiff and accordingly, ex-parte PE was closed.
6. Ex-parte final arguments addressed by Learned counsel for the plaintiff company have been heard and the record has been perused.
CS SCJ 997/24Professional Impex Pvt. Ltd. Vs. M/s AN Freight Solutions Page No. 5 of 7
7. The plaintiff company has placed on record original invoices Ex.PW1/2 to Ex.PW1/18 pertaining to its business transaction with the defendant. Further, the plaintiff company has relied upon computer generated copies of ledger account maintained by it with respect to their transaction with the defendant, for the period from 27.11.2018 to 31.03.2019, Ex.PW1/19, for the period from 01.04.2019 to 31.03.2020, Ex.PW1/20 and for the period from 01.04.2020 to 26.06.2024, Ex.PW1/21. Further, copy of legal notice dated 27.06.2024 is Ex.PW1/22. The aforestated documents relied upon by the plaintiff company reveal that an amount of Rs. 2,17,458/- is due to be paid by the defendant to the plaintiff company. The testimony of PW-1 remains unchallenged and unrebutted and there is no ground nor any reason to disbelieve the same. The documents have been duly proved as per law. Thus, the plaintiff company has proved its case on the scale of preponderance of probabilities.
8. It has been averred that the defendant is running its proprietorship firm from Masjid Moth, GK I, which falls within territorial jurisdiction of this court. Therefore, this court has territorial jurisdiction to try, entertain and adjudicate the present matter.
9. Further, the plaintiff company has also sought pendente lite and future interest at the rate of 18% p.a. from the date of filing this suit till the date of realization of the decretal amount. It is the settled law that pendente-lite and future interest are CS SCJ 997/24 Professional Impex Pvt. Ltd. Vs. M/s AN Freight Solutions Page No. 6 of 7 matters of discretion and considering that the interest at the rate of 18% per annum is onerous and penal in nature, it is not considered equitable to grant such a high rate of interest. Accordingly, in facts and circumstances of the present matter, simple interest at the rate of 8% per annum is being considered just and equitable to be granted in the present case.
10. Accordingly in view of the above discussion, the present suit is disposed of in favour of the plaintiff company for the uncontested sum of Rs. 2,17,458/- (RUPEES TWO LACS SEVENTEEN THOUSAND FOUR HUNDREN AND FIFTY EIGHT ONLY) along with pendente lite and future interest at the rate @ 8% per annum from the date of filing of suit till the date of realization. The cost of the suit is also awarded against the defendant, as per rules.
11. Decree sheet be prepared accordingly. File be consigned to record room, after due compliance.
Announced in open Court Digitally signed
on 13th of June, 2025 by TARUNPREET
TARUNPREET KAUR
KAUR Date: 2025.06.13
14:33:29 +0530
(TARUNPREET KAUR)
ACJ-cum-CCJ-cum-ARC,
South-East District, Saket Courts
CS SCJ 997/24
Professional Impex Pvt. Ltd. Vs. M/s AN Freight Solutions Page No. 7 of 7