Delhi District Court
V.R.S. International Pvt. Ltd vs Essel Solar Power Pvt. Ltd on 4 September, 2025
IN THE COURT OF SH. SUNIL KHATRI, CIVIL JUDGE-06
CENTRAL DISTRICT TIS HAZARI COURTS, DELHI
CS SCJ No. 567/2021
CNR No. DLCT03-001335-2021
IN THE MATTER OF:-
VRS INTERNATIONAL PVT. LTD.
THROUGH IT'S A/R - SH. SANJAY KUMAR AGARWAL
201, PPH HOUSE, 5E
JHANDEWALAN EXTN.
NEW DELHI-110005. ........PLAINTIFF
VERSUS
ESSEL SOLAR POWER PVT. LTD
THROUGH ITS CEO/CMD
513/A, KOHINOOR CITY, KIROL MARG,
KURLA WEST, MUMBAI 400070. .......DEFENDANT
SUIT FOR RECOVERY OF RS. 31,064/- ALONG WITH
INTEREST
Date of Institution : 02.03.2021
Date of Reserving for Judgment : 02.09.2025
Date of Judgment : 04.09.2025
JUDGMENT
1. The present suit has been filed by plaintiff seeking recovery of the unpaid amount of Rs.31,064/- alongwith pendente-lite and future interest @ 24% per annum till realization alongwith costs of the suit.
CS SCJ 567/2021 V.R.S INTERNATIONAL PVT. LTD. Vs. ESSEL SOLAR POWER PVT. LTD Pg. no.1/6 Digitally signed by SUNIL SUNIL KHATRI KHATRI Date:
2025.09.04 16:56:29 +0530
2. The relevant facts of the case as culled out from the plaint are as follows:-
2.1 That the plaintiff's business was founded in 1995 which is a one stop travel house engaged in the entire sphere of traveling. The Plaintiff is not just a name, but it's a commitment, as the very defines a reputed, dedicated, committed and professionally managed company which has been in the business of Travel & Entertainment and Event Management for last two decades and served its clients upto their highest level of satisfaction. The plaintiff is into this business because of their passion for the world of tour and traveling. The plaintiff understands travel needs of all and delivers the best through meticulous planning and makes every trip a joy forever. The plaintiff has authorized Sh. Sanjay Kumar Agarwal to file, sign and verify the plaint, lead evidence, move applications, file documents and to engage the counsel to sign the Vakalatnama, to withdraw/settle the matter with the defendants, to swear the affidavit and to make the statement as per requirement before the Court of law on behalf of the plaintiff.
2.2 The plaintiff was approached by the defendant and had requested the plaintiff to book ticket bookings for the defendant.
Consequently the plaintiff had issued the ticket as per the demands of the defendant and over a period of time and an amount of Rs. 31,064/- stands outstanding in the books and accounts of the plaintiff which is CS SCJ 567/2021 V.R.S INTERNATIONAL PVT. LTD. Vs. ESSEL SOLAR POWER PVT. LTD Pg. no.2/6 Digitally signed by SUNIL SUNIL KHATRI KHATRI Date:
2025.09.04 16:56:36 +0530 due and payable from the defendant. The plaintiff is running an open and running account in the defendant's name.
2.3 It was submitted that the defendant has dishonestly deceived the plaintiff and fraudulently and dishonestly induced him to deliver the tickets to the tune of Rs. 31,064/-.
2.4 It was further submitted that the plaintiff had been requesting the defendant to clear the outstanding amount of Rs. 31,064/- which was due and payable from the defendant.
2.5 It was further submitted that the defendant is playing a game of hide and seek with the plaintiff, his malafide intention was to gain time with no intention for repayment of the amount.
2.6 It was further submitted that the defendant is not within his right to withhold this amount which is due and payable.
2.7 It was further submitted that the defendants have not paid the balance outstanding amount, inspite of the continuous demand, repeated reminders and requests by the plaintiff to the defendant.
2.8 Lastly, it was further submitted that a decree for a sum of Rs.31,064/- alongwith pendente-lite and future interest @ 24% per annum till realization alongwith costs of the suit may be passed in favour of the plaintiff and against the defendant.
CS SCJ 567/2021 V.R.S INTERNATIONAL PVT. LTD. Vs. ESSEL SOLAR POWER PVT. LTD Pg. no.3/6 Digitally signed by SUNIL SUNIL KHATRI KHATRI Date:
2025.09.04 16:56:43 +0530
3. The summons were duly served on the defendant on 21.08.2022. Further, defendant had failed to file his WS and his right to file the same was closed on 01.02.2023. He was proceeded ex-parte on 09.11.2023 on his non appearance in the court. Matter was thereafter fixed for ex-parte plaintiff evidence.
4. To prove his case, Sh. Bhuwan Lal, AR of the plaintiff examined himself as PW1 and tendered his evidence by way of affidavit which is Ex. PW1/1. PW1 has relied upon following documents:-
i. Ex. PW1/1 is Board of Resolution dated 19.08.2023. ii. Copy of the accounts statement exhibit PW-1/2. iii. Copy of the email dated 27.06.2017, e-ticket, invoice bearing no. DTI00001255 dated 27.06.2017 are exhibited Ex. PW-1/3 (colly).
iv. Copy of the email dated 28.06.2017, e-ticket, invoice bearing no. DTI00001279 dated 28.06.2017 are exhibited Ex. PW-1/4 (colly).
v. Copy of the email dated 03.07.2017, e-ticket, invoice bearing no. RTI00000075 dated 03.07.2017 are exhibited Ex. PW-1/5 (colly).
vi. Copy of the email dated 04.07.2017 and credit note bearing no. DTC00000184 dated 04.07.2017 are exhibited Ex. PW-1/6 (colly).
vii. Copy of the email dated 10.07.2017, e-ticket, invoice bearing no. DTI00001514 dated 10.07.2017 are exhibited Ex. PW-1/7 (colly).
CS SCJ 567/2021 V.R.S INTERNATIONAL PVT. LTD. Vs. ESSEL SOLAR POWER PVT. LTD Pg. no.4/6 Digitally signed by SUNIL SUNIL KHATRI KHATRI Date:
2025.09.04 16:56:49 +0530 viii. Copy of the legal/ demand notice dated 08.06.2020 alongwith postal receipts are exhibites as Ex. PW1/8 (colly). ix. Certificate U/s. 65(B) of Indian Evidene Act is exhibited as Ex. PW1/9.
Thereafter, plaintiff closed his evidence by a separate statement to that effect.
5. I have heard the ex-parte arguments on behalf of the plaintiff and perused the record.
6. The plaintiff has duly proved the factum of giving services for booking of ticket to the defendant vide e-mails and invoices that are Ex. PW1/3 (colly) to Ex. PW1/5 (colly). Also, account statement filed by the plaintiff Ex. PW1/2 shows the amount due from the defendant towards the plaintiff. Legal/demand notice dated 08.06.2020 alongwith postal receipt i.e. Ex. PW1/6 (colly) further fortifies the case of the plaintiff. Ex. PW1/7 i.e. Certificate U/S 65 (B) of Indian Evidence Act has also been filed on behalf of the plaintiff. The averments made by the plaintiff stand duly proved by way of documents filed with the suit. Hence, plaintiff has duly discharged his burden of proof under Section 101 of the Indian Evidence Act, 1872. It was for the defendant to dispute that no amount was due towards the plaintiff or the amount due was already paid, however, defendant has failed to enter appearance. Since defendant was proceeded ex-parte and no evidence was led by him despite service of summons, there is nothing on record which casts any doubt on the case of plaintiff. The CS SCJ 567/2021 V.R.S INTERNATIONAL PVT. LTD. Vs. ESSEL SOLAR POWER PVT. LTD Pg. no.5/6 Digitally signed by SUNIL SUNIL KHATRI KHATRI Date:
2025.09.04 16:56:56 +0530 case of plaintiff has gone unchallenged, uncontroverted and unrebutted. Accordingly, plaintiff has successfully proved its case.
7. Further, the plaintiff has claimed pendent-lite and future interest @ 24% per annum, which in the opinion of the court is exorbitant. Present one is a commercial transaction for services given by the plaintiff to the defendant. In the discretion of court, simple rate of interest @ 9% per annum is reasonable.
8. In view of above discussion, the suit of the plaintiff is hereby decreed and it is held that plaintiff is entitled to decree for recovery of Rs.31,064/- against the defendant, alongwith simple interest @ 9% per annum from the filing of the suit till its realization. Cost of the suit is also awarded in favour of the plaintiff.
9. Decree sheet be prepared accordingly.
10. File be consigned to record room after due compliance.
Digitally
signed by
Pronounced in the court SUNIL
SUNIL KHATRI
KHATRI Date:
on 04.09.2025.
2025.09.04
16:57:02
+0530
(SUNIL KHATRI)
Civil Judge-06/Central
Tis Hazari Courts/Delhi
Present judgment consists of 06 pages and each page is signed by me. Digitally
signed by
SUNIL
SUNIL KHATRI
KHATRI Date:
2025.09.04
16:57:06
+0530
(SUNIL KHATRI)
Civil Judge-06/Central
Tis Hazari Courts/Delhi
CS SCJ 567/2021 V.R.S INTERNATIONAL PVT. LTD. Vs. ESSEL SOLAR POWER PVT. LTD Pg. no.6/6