Delhi District Court
Orchid Container Line Pvt Ltd vs . Arti Kumari on 8 September, 2022
CS SCJ 693/21
ORCHID CONTAINER LINE PVT LTD Vs. ARTI KUMARI
IN THE COURT OF MS. NEHA SHARMA, CIVIL JUDGE01 (SOUTH)
SAKET COURT, NEW DELHI
Civil Suit No : 693/2021
CNR No : DLST030012462021
Orchid Container Line Pvt. Ltd.
A Company registered under the Companies Act, 1956
Having its registered office at:
Property No. 886, T/F Flat No. 4, Ward No. 6
Mehrauli, New Delhi110030 ...............PLAINTIFF
VERSUS
Arti Kumari
Proprietor of M/s A3 Power Tech
Having its Registered office at:
D 34, A 3, Power Tech, Delta 1,
Greater Noida, Gautam Budh Nagar
UP201306
.............DEFENDANT
SUIT FOR RECOVERY OF RS. 2,87,705/ ALONGWITH FUTURE AND
PENDENTE LITE INTEREST.
EXPARTE JUDGMENT:
1.This is a suit for recovery of Rs. 2,87,705/ along with future and pendente lite interest @ 18% p.a.
2. Briefly, it is averred in the plaint that plaintiff company is engaged in the business of international freight forwarding and transportation of cargo to different destinations worldwide. Defendant is an importer and manufacturer of different kind of bag making machines and is running her business under the name and style of M/s A3 Powertech. The defendant in need of services of a freight Page no. 1 of 5 (Neha Sharma) CJ01/(South) Saket Court/New Delhi CS SCJ 693/21 ORCHID CONTAINER LINE PVT LTD Vs. ARTI KUMARI forwarding and custom clearance agent for receiving of her import consignments had approached the plaintiff and availed its services. It was agreed between the parties that for each transaction, upon failure of any payment, interest @ 18% p.a. shall be paid by the defendant.
3. The defendant availed the services of the plaintiff and plaintiff paid the incidental charges on behalf of the defendant. The plaintiff company discharged its duties without any default or negligence and the consignments were delivered by the shipping line at the desired destination. In lieu of the services rendered by the defendant, four invoices bearing no. 00004378/2020 dated 12.02.2020 for Rs. 1,70,014/; 00004521/2020 dated 22.02.2020 for Rs. 96,930/; 00004522/2020 dated 22.02.2020 for Rs. 51,270/; and 00004684/2020 dated 29.02.2020 for Rs. 6,00,198/ were raised and against the said invoices, an amount of Rs. 2,87,705/ is pending against the defendant.
4. Despite reminders, defendant did not pay the outstanding amount however, defendant made false promises to make the payment within a short span of time. Consequently, a legal notice dated 19.05.2021 was served upon the defendant, however, defendant neither paid the amount nor replied to the legal notice. Having left with no other option, present suit was filed seeking relief in paragraph no. 1 of the judgment.
5. Upon service of summons, the defendant did not appear and thereafter, the right of defendant to file written statement was closed and she was proceeded against ex parte for nonappearance vide order dated 01.04.2022.
6. The following points for determination were framed vide order dated 20.05.2022:
(i) Whether plaintiff is entitled to recovery of Rs. 2,87,705/? OPP
(ii) Whether plaintiff is entitled to any pendente lite or future interest, if so at what rate? OPP Page no. 2 of 5 (Neha Sharma) CJ01/(South) Saket Court/New Delhi CS SCJ 693/21 ORCHID CONTAINER LINE PVT LTD Vs. ARTI KUMARI
(iii) Relief?
7. In the exparte plaintiff evidence, plaintiff examined AR of the plaintiff Sh. Rohit Kumar Tiwari as PW1 who tendered his affidavit as Ex. PW1/A and has relied upon following documents:
(i) Ex. PW1/1 (OSR) i.e. Certified true copy of board resolution dated 12.04.2021;
(ii) Ex. PW1/2 (OSR) i.e. Certified true copy of extracts of the minutes of the meeting dated 12.04.2021;
(iii) Ex.PW1/3 (colly) i.e. The computergenerated invoice raised upon defendant;
(iv) Ex.PW1/4 (colly) i.e. Computer generated bill of lading supporting to pending invoice;
(v) Ex.PW1/5 i.e. Computer generated ledger;
(vi) Ex. PW1/6 i.e. Office copy of legal notice dated 19.05.2021;
(vii) Ex. PW1/7 i.e. Postal receipt;
(viii) Ex. PW1/8 i.e. Postal receipt;
(ix) Ex. PW1/9 i.e. Postal receipt;
(x) Ex. PW1/10 i.e. Computer generated web tracking report;
(xi) Ex. PW1/11 i.e. Computer generated web tracking report;
(xii) Ex. PW1/12 i.e. Computer generated web tracking report;
(xiii) Ex. PW1/13 (colly) i.e. Computer generated email communications; and
(xiv) Ex. PW1/14 i.e. Certificate under Section 65B of IEA, 1872.
8. Despite giving opportunity for crossexamination of PW1, the same was not availed as the defendant remained exparte. Thereafter, at the request of Ld. Counsel for the plaintiff, PE was closed by court's order. Subsequently, ex parte final argument on behalf of the Ld. Counsel for plaintiff were heard on 08.08.2022.
9. Heard the Ld. Counsel for the plaintiff and perused the case file.
10. In support of its case, the plaintiff has relied upon Ex. PW1/1 i.e. Page no. 3 of 5 (Neha Sharma) CJ01/(South) Saket Court/New Delhi CS SCJ 693/21 ORCHID CONTAINER LINE PVT LTD Vs. ARTI KUMARI board resolution dated 12.04.2021; Ex. PW1/2 i.e. extracts of the minutes of the meeting dated 12.04.2021; Ex.PW1/3 (colly) i.e. computer generated invoices raised upon defendant; Ex.PW1/4 (colly) i.e. Computer generated bill of lading supporting to pending invoice; Ex.PW1/5 i.e. Computer generated ledger; Ex. PW1/6 i.e. Office copy of legal notice dated 19.05.2021; Ex. PW1/7 to Ex. PW1/9 i.e. Postal receipts; Ex. PW1/10 to Ex. PW1/12 i.e. Computer generated web tracking report; Ex. PW1/13 (colly) i.e. Computer generated email communications; and Ex. PW1/14 i.e. Certificate under Section 65B of IEA, 1872.
11. The board resolution dated 12.04.2021 and extracts of the minutes of the meeting dated 12.04.2021passed in favour of the AR of the plaintiff shows that the Sh. Rohit Kumar Tiwari has been duly authorized to file and pursue the present suit. The computergenerated invoices show that a contractual relationship was entered into between the plaintiff and the defendant as per the terms and conditions contained in the invoices. The bills of lading further show that the carrier received the consignment and had undertaken to deliver it to the destination as per agreed terms. The ledger of account from 01.04.2020 to 31.03.2021 supported by a certificate under section 65B IEA show that amount of Rs. 2,87,705/ is due and payable from the defendant. The email communication between parties and legal notice dated 19.05.2021 duly addressed to the defendant shows that defendant was informed about the dues payable, however she still failed to reply or pay the same which leaves this court with no other option than to draw an adverse inference against the defendant under section 114 IEA.
12. Despite receiving summons in the present suit, the defendant did not appear to dispute the claims of the plaintiff and challenge the above said documents placed on record by the plaintiff. The testimony of PW1 has gone unchallenged, uncontroverted and unrebutted. Since PW1 was not cross examined by defendant and no evidence was led by the defendant, there is nothing on record Page no. 4 of 5 (Neha Sharma) CJ01/(South) Saket Court/New Delhi CS SCJ 693/21 ORCHID CONTAINER LINE PVT LTD Vs. ARTI KUMARI which casts any doubt on the testimony of PW1. In the absence of any reason to disbelieve the averments of plaint and annexed documents in that regard, it is proved that the defendant is liable to pay Rs. 2,87,705/ as principal amount along with interest till the date of the filing of the suit.
13. Accordingly, in view of the above facts, the present suit stands decreed for a sum of Rs. 2, 87,705/ along with interest at the rate of 18% per annum from the date of filing of the suit till date of decree and at the rate of 6% per annum from the date of decree till its actual realization as in the opinion of this court interest at the above said rate shall serve the ends of justice.
14. Costs of the suit shall be paid by defendant to the plaintiff as per the rules.
15. Let decree sheet be drawn up accordingly.
16. File be consigned to record room after due compliance.
Digitally
signed by
Pronounced in open court: NEHA
NEHA
SHARMA
Dated: 08.09.2022 SHARMA Date:
2022.09.08
16:39:22
+0530
(Neha Sharma)
CJ01(South)Saket/New Delhi/08.09.2022
Note: This Judgment contains five pages and all the pages have been checked and signed by me.
Digitally signed by NEHA SHARMA NEHA Date:
SHARMA 2022.09.08
16:39:27
+0530
(Neha Sharma)
CJ01(South)Saket/New Delhi/08.09.2022
Page no. 5 of 5
(Neha Sharma)
CJ01/(South) Saket Court/New Delhi