Delhi District Court
M/S Efy Enterprises Pvt. Ltd vs M/S Red Instruments & Power Solutions ... on 22 January, 2016
IN THE COURT OF SH. MUNISH MARKAN, SENIOR CIVIL JUDGE CUM
RENT CONTROLLER ( SOUTH EAST), DISTRICT COURTS, SAKET,
NEW DELHI
CS No: 31/15
Unique I/D No.02406C0036362015
M/s EFY Enterprises Pvt. Ltd.
A Company Incorporated Under the
Provisions of Companies Act having office at
D87/1, Okhla Industrial Area, Phase 1,
New Delhi - 110020. .....Plaintiff
versus
M/s Red Instruments & Power Solutions Pvt. Ltd.
Jaymatadi Compound
T14/10,
Kalhar, Bhivadi, Thane421302. ....Defendant
Date of institution of suit : 02.02.2015
Date on which Judgment reserved : 22.01.2016
Date on which judgment pronounced : 22.01.2016
Decision : Decreed.
SUIT FOR RECOVERY OF RS. 31,641/
J U D G M E N T
1. This is a suit for recovery of Rs. 31641/ filed by the plaintiff against the defendant on account of payment for the publication of advertisement of the products and services of the defendant in the magazine of the plaintiff.
2. The case of the plaintiff is that plaintiff company is a pioneer in the SUIT No.31/2015 1/3 publishing industry and is a publisher of magazine such as "Electronics for you", "Electronics Bazaar" and "Linux". The defendant had placed orders for publication of advertisement of its products and services which were published by the plaintiff as per the directions of the defendant and the plaintiff accordingly raised invoices on the defendant. The amount is payable on the first day of month when last advertisement of a monthly series is published. Plaintiff raised invoice for three months i.e. January 2012 to March 2012 @ Rs. 6278/ every month thereby totaling Rs. 18834/ but the defendant failed to pay the said amount despite repeated requests and reminders. Therefore, the plaintiff has claimed the principle amount along with interest @ 24 % per annum w.e.f. 01.03.2012 and filed the present suit on 02.02.2015.
3. Defendant in the present case was served but did not appear and therefore, was proceeded exparte.
4. During exparte evidence, plaintiff examined one witness PW1 Sh. Sanjeev Gupta who tendered his affidavit as Ex. PW1/A and relied upon documents i.e. board resolution as Ex. PW1/1, copy of advertisement as Ex. PW1/2 to Ex. PW1/4, invoices as Ex. PW1/5 to Ex. PW1/7, certificate under Section 65B of Evidence Act as Ex. PW1/8.
5. I have heard Ld. Counsel for plaintiff and gone through the record carefully.
6. Ex. PW1/1 which is the copy of the board resolution prima facie shows that suit has been filed by duly authorized representative Sh. Sanjeev Gupta. Plaintiff SUIT No.31/2015 2/3 has raised three invoices i.e. Ex. PW1/5 which is dated 01.01.2012, Ex. PW1/7 dated 01.02.2012 and Ex. PW1/6 dated 01.03.2012 and these invoices specifically mentions the due date as immediate. The suit being filed on 02.02.2015 therefore, the invoice Ex. PW1/5 and Ex. PW1/6 are time barred being filed beyond the period of limitation. Plaintiff has not filed any statement of account. However, the defendant is liable to pay the amount of Rs. 6278/ for the bill dated 01.02.2012 and the plaintiff is also entitled to interest @ 12 % per annum from 01.03.2012 till the filing of the suit. Plaintiff is also entitled to future interest @12 % per annum. 7 Relief: The suit of the plaintiff is decreed against the defendant for a sum of Rs. 6278/ and is also awarded interest @ 12 % per annum from 01.03.2012 till the filing of the suit and pendente lite and future interest @ 12 per cent per annum along with costs of the suit. Decree sheet be prepared.
File be consigned to Record Room.
Announced in the open court. (Munish Markan)
Date: 22.01.2016 SCJ/RC/South-East
Saket Courts/New Delhi
SUIT No.31/2015 3/3