Delhi District Court
Manohar Khajuria vs M/S Mount Abu Public School on 5 April, 2021
IN THE COURT OF SH. MEENU KAUSHIK
SENIOR CIVIL JUDGE-cum-RENT CONTROLLER,
NORTH WEST DISTRICT, ROHINI, DELHI
Suit No. 1008/18
CNR No: DLNW03-001490-2018
Manohar Khajuria
S/o Sh. J.L. Khajuria
Prop. Of M/s Super Sleuth Security
Agency & Allied Services
R/o H.No. 401, Sainik Enclave, Pitam
Pura, Delhi-110034
....Plaintiff
Vs
M/s Mount Abu Public School,
Through Director/The Principal/Vice
Principal/Manager/Authorized Representative,
Pocket-H, Sector-18, Rohini, Delhi-110085
...Defendant
Date of institution : 25.07.2018
Date of judgment : 05.04.2021
Decision : Ex-Parte Decreed.
EX-PARTE JUDGMENT
1.Present suit is filed by the plaintiff for recovery of Rs.1,07,230/- along with damages.
2. Case of plaintiff is that plaintiff is running a security agency in the name and style of M/s Super Dleuth Security Agency & Allied Services for the past many years. Somewhere in the beginning of year 2014, the defendant approached the plaintiff for Manohar Khajuria vs. M/s Mount Abu Public School, Page no. 1/4 providing some security people to work in their school for which after 2-3 meetings and ultimately based on a mutual consent agreement, some important terms were settled and both the parties became ad-idem and ultimately upon requirement and instructions of defendant, the plaintiff started providing security people to work in their school since the month of June, 2014. This continued for two years and defendant made payment of various bills also on getting satisfied regularly. But so far as the amount of two bills for the month of December, 2015 raised vide Bill No.2015-16/264 as on 01.01.2016, amounting to Rs.50,124/- and the other for the month of January, 2016 raised vide Bill No.2015-16/302 as on 01.02.2016, amounting to Rs.37231/-, totaling Rs.87,355/- is concerned, the defendant neglected and delayed to clear the same in spite of repeated telephonic requests and personal approaches by and on behalf of plaintiff. It is further stated that the plaintiff is entitled to damages @ Rs.500/- w.e.f. March, 2016 up to 22.07.2018. Thereafter, the plaintiff got served legal notice dated 15.06.2018 to defendant via e mail at their both given email addresses, but even thereafter defendant failed to pay the aforesaid bill amount. Hence, the present suit.
3. Despite service, defendant failed to appear and accordingly, vide order dated 01.12.2018 he was proceeded ex-parte.
4. Plaintiff in order to prove its case has examined himself as PW-1. He has tendered his evidence by way of affidavit Ex. PW-1/1 Manohar Khajuria vs. M/s Mount Abu Public School, Page no. 2/4 and has relied upon the documents i.e. copy of bill for the month of December, 2015 Mark A, copy of bill for the month of January, 2016 Mark B, legal notice dated 15.06.2018 Ex. PW1/1, Certificate u/s 65B of Indian Evidence Act, 1872 Ex. PW1/2, affidavit sent along with legal notice dated 15.06.2018 Ex. PW1/3.
5. I have heard Ld. Counsel for plaintiff and perused the complete record file.
6. The plaintiff has claimed the amount of Rs.87,355/- on the basis of bills Mark A and Mark B which were stated to be raised against the defendant. As per the bills the amount of Rs. 87,355/- has remained unpaid. Plaintiff has also claimed amount of Rs.14,375/- for damages at the rate of Rs.500/- w.e.f. March, 2016 up to 22.07.2018. However, plaintiff has not adduced any evidence as to how he is entitled to claim the damages at the above mentioned rate. Plaintiff has also claimed amount of Rs.5,500/- along with the relevant taxes towards the legal fee paid by the plaintiff for sending legal notice Ex. PW1/1 to the defendant. No document regarding the payment of any legal fee is placed on record by the plaintiff in support of his claim for the amount of Rs.5,500/- However, the case of the plaintiff has remained unrebutted and PW-1 has categorically proved that the defendant is liable to pay the outstanding amount of bills Mark 'A' and Mark 'B' only i.e. Rs.87,355/-.
Manohar Khajuria vs. M/s Mount Abu Public School, Page no. 3/4 Relief :
7. The suit of plaintiff is decreed for the sum of Rs. 87,355/- along with pendente lite and future interest at the rate of 6% per annum.
8. If any payment is ever made by defendant to the plaintiff with respect to the transaction in question then the same shall be deducted from the decreetal amount.
9. Cost of the suit is also awarded in favour of the plaintiff and against the defendant.
10. Decree sheet shall be prepared accordingly. File be consigned to record room after due compliance.
Digitally signed by MEENU MEENU KAUSHIK
KAUSHIK Date: 2021.04.05
Announced in the Open Court 11:12:49 +0530
on 05.04.2021
(Meenu Kaushik)
SCJ/RC/NW/ROHINI
COURT/DELHI
Manohar Khajuria vs. M/s Mount Abu Public School, Page no. 4/4