Delhi District Court
Cj Darcl Logistics Limited vs . Aravali Infra Power on 6 April, 2019
CS No. 58574/14
CJ Darcl Logistics Limited Vs. Aravali Infra Power
Limited
IN THE COURT OF VIKAS DHULL: ADDITIONAL DISTRICT
JUDGE01 ( WEST ), Tis Hazari Courts, Delhi
CS No. 58574/14
In the matter of :
CJ Darcl Logistics Ltd.
Having its registered office at
Plot No.55P, Sector44
Institutional Area
Gurugram122003
Haryana
... Plaintiff
Versus
Aravali Infra Power Limited
Through its Managing Director
G29, 3rd Floor, Vardhman Tower
Community Centre, Vikas Puri
New Delhi110018.
... Defendant
Page: 1/8
CS No. 58574/14
CJ Darcl Logistics Limited Vs. Aravali Infra Power
Limited
Date of institution of suit :21.01.2014
Date on which judgment reserved :04.04.2019
Date on which judgment pronounced :06.04.2019
JUDGMENT
1. This is a suit u/O XXXVII Civil Procedure Code, 1908 (hereinafter referred to as CPC) filed by the plaintiff for recovery of Rs.13,95,063/.
2. It is averred in the plaint that plaintiff is inter alia engaged in the business of transporting goods by road all over India for both private and public sector companies through a network of its branches spread all over India.
3. It is further averred in the plaint that Mr.Pankaj Goel is the Manager and authorized representative of the plaintiff company and is competent to sign, Page: 2/8 CS No. 58574/14 CJ Darcl Logistics Limited Vs. Aravali Infra Power Limited verify the present plaint vide Special Power of Attorney dated 24.08.2013.
4. It is averred in the petition that defendant company is engaged in the business of Power transmission and distribution projects etc.
5. It is averred that defendant company approached the plaintiff company for transportation of TMT Bars, Tower Parts and plates etc. by road to various destinations in India vide various work orders for March, 2011 to July, 2011.
6. It is further averred that plaintiff company accordingly provided the freight rates for transporting the consignments/goods to various destinations to the defendant company and approval for the same was given on email by the Page: 3/8 CS No. 58574/14 CJ Darcl Logistics Limited Vs. Aravali Infra Power Limited defendant company.
7. It is further averred that thereafter, plaintiff company executed the transportation of consignments to and from various destinations across India.
8. It is further averred that payment of freight was agreed within 15 days from the date of submission of bills to the defendant company.
9. It is further averred that no dispute whatsoever was raised by the defendant company with respect to the delivery of the material in a safe and sound condition to the destinations as per the consignment note and terms and conditions.
10. It is further averred that pursuant to delivery of Page: 4/8 CS No. 58574/14 CJ Darcl Logistics Limited Vs. Aravali Infra Power Limited goods/consignment to destination, plaintiff company raised various bills to the defendant company total amounting to Rs.11,01,098 out of which an amount of Rs.29,449/ was adjusted.
11. It is averred that on much follow up, defendant only released an amount of Rs.1,19,500/ to the plaintiff company and still defendant owes Rs.9,52,149/to the plaintiff company as per work orders.
12. It is averred that plaintiff requested defendant to pay the outstanding amount time and again through various emails and personal visits but defendant did not make the payment.
13. Thereafter, plaintiff company issued a legal notice dated 13.07.2013 to the defendant company Page: 5/8 CS No. 58574/14 CJ Darcl Logistics Limited Vs. Aravali Infra Power Limited calling upon defendant to pay outstanding amount of Rs.9,52,149/ with interest @ 18% p.a. Despite service, defendant did not pay the said amount.
14. It is further averred that defendant company has not disputed the contents of various emails and the legal notice and, therefore, this conduct of the defendant clearly shows its liability. Accordingly, a prayer has been made to pass a decree for a sum of Rs.9,52,149/ towards the outstanding payment of freight bills alongwith interest of Rs.4,42,914/ @ 18% p.a. till 10.01.2014 total being Rs.13,95,063/. The plaintiff is also entitled to recover pendente lite and future interest @ 18% p.a.from the filing of suit till realization.
15. Defendant was duly served with the summons under Order XXXVII CPC on 06.02.2014. However, Page: 6/8 CS No. 58574/14 CJ Darcl Logistics Limited Vs. Aravali Infra Power Limited defendant filed its appearance on 28.03.2014 which is beyond the prescribed period of 10 days.
16. I have heard Sh.Manu Beri, Ld.counsel for the plaintiff and have perused the material on record. In the present case, the suit u/O XXXVII CPC is filed to claim Rs.13,95,063/from the defendant based on bills and consignment notes which have been filed on record. The defendant was served with the summons for appearance under Order XXXVII CPC on 06.02.2014 but appearance has been filed by defendant on 28.03.2014; which is beyond the stipulated period of 10 days. Further, no application seeking condonation of delay has been filed. Therefore, all the allegations made by the plaintiff in the plaint are deemed to have been admitted by the defendant. Hence, the suit of the plaintiff is decreed and the defendant is Page: 7/8 CS No. 58574/14 CJ Darcl Logistics Limited Vs. Aravali Infra Power Limited directed to pay a sum of Rs.13,95,063/ with interest @ 9% p.a. from the date of filing of the suit till date of payment. The plaintiff is also entitled for the cost of the suit.
17. The decree sheet be prepared accordingly. File be consigned to the record room.
Announced in the Open Court (Vikas Dhull) Dated: 06.04.2019 Additional District Judge 01 THC/West/Delhi Page: 8/8