Delhi District Court
Matrix Cellular (International) ... vs Sh. Sachin Raghuvaran Karappilly on 16 May, 2019
MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V. SACHIN RAGHUVARAN KARAPPILLY
IN THE COURT OF MS TYAGITA SINGH
SENIOR CIVIL JUDGECUMRENT CONTROLLER (SOUTH),
SAKET COURTS, NEW DELHI
CS SCJ 771/18
CNR No.: DLST030012492018
IN THE MATTER OF:
MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD.
THROUGH ITS AUTHORIZED REPRESENTATIVE
7, KHULLAR FARMS, MANDI ROAD,
MEHRAULI, NEW DELHI110030. ....PLAINTIFF
VERSUS
SH. SACHIN RAGHUVARAN KARAPPILLY
SH. RAGHUVARAN KARAPPILLY,
R/O FLAT NO. 904, WALDROF BUILDING,
HIRANANDANI ESTATE,
GHODBUNDER ROAD, THANE WEST,
MUMBAI400607 (MAHARASHTRA) ....DEFENDANT
DATE OF INSTITUTION : 14.08.2018
DATE OF FINAL ARGUMENTS : 13.05.2019
DATE OF PRONOUNCEMENT : 16.05.2019
DECISION : Decreed
Advocates appearing in the case:
Sh. Abhinay Gupta and Sh. T.K. Goon, Ld. counsels for plaintiff.
Defendant is already exparte.
CS SCJ 771/18 Page 1 of 6
MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V. SACHIN RAGHUVARAN KARAPPILLY
EXPARTE JUDGMENT
1.This is a suit filed under Order XXXVII CPC (hereinafter referred to as 'CPC') for recovery of a sum of Rs.92,503/ (Rupees Ninety Two Thousand Five Hundred Three Only) alongwith interest @ 18% per annum from the date of filing of the suit till realisation of the entire amount.
2. The case of the plaintiff is that the plaintiff is a Limited Company registered under the Companies Act, 1956 and dealing in International Mobile Rental Services. The suit has been filed by Sh. Binod Sinha, who is the duly constituted Attorney/Authorized Representative of the plaintiff company.
2.1 It is averred by the plaintiff that the defendant had applied for an international mobile connection and procured the Standard Application Form containing the terms and conditions regarding the usage of said connection and after being satisfied, the defendant applied for hiring the mobile connection. It is further averred that on the basis of the information/statement furnished by the defendant in the application form, the plaintiff gave Mobile Connection No. 971565243986 under agreement No. T1001974017. It is further averred that an outstanding amount of Rs.92,503.29/ is due and payable by the defendant and plaintiff company raised the invoices on the defendant, as per ledger account, through bill dated 30.09.2016 upon the defendant. However, despite repeated reminders CS SCJ 771/18 Page 2 of 6 MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V. SACHIN RAGHUVARAN KARAPPILLY and requests, the defendant failed to pay the same. Hence, the plaintiff was constrained to get the defendant served with legal notice dated 21.07.2017 which was duly served upon the defendant. But the defendant, despite receipt of aforesaid notice, failed to make the payment of the aforesaid amount, due to which present suit for recovery of Rs. 92,503 with interest @ 18% has been filed by the plaintiff against defendant.
3. Despite issuance of summons by way of PF and RC, defendant remained unserved. Thereafter, defendant was served by way of email at his email address on 31.01.2019 and affidavit qua service by way of email was filed by plaintiff. However, defendant did not put up appearance despite expiry of thrity days from the date of service. Hence, defendant was proceeded against exparte on 07.03.2019.
4. The plaintiff has led exparte evidence and has examined Sh. Binod Kumar Sinha, Senior Executive, Legal, of the plaintiff company, who filed his evidence by way of affidavit, which is Ex.PW1/1. PW1 has relied upon the documents i.e. copy of certificate of Incorporation, true copy of Board Resolution dated 24.05.2018 and copy of ROC letter dated 21.04.2015 as Ex.PW1/A (colly.) (OSR), copy of eAgreement Form bearing CAF No. T1001974017 as Ex.PW1/B (colly. running into three pages), Tariff plan alongwith Email confirmation as Ex.PW1/C (colly. running into three pages), Account Ledger of defendant as Ex.PW1/D, copy of itemized bills as Ex.PW1/E (colly. running into 10 pages), certificate under Section 65(B) CS SCJ 771/18 Page 3 of 6 MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V. SACHIN RAGHUVARAN KARAPPILLY (2) (B) of Indian Evidence Act as Ex.PW1/F, four cheques in original alongwith their return memos as Ex. PW1/G (colly.), copy of legal notices dated 17.02.2017, 20.04.2017 and 21.07.2017 alongwith Speed Post receipts and Tracking Reports as MarkA (colly.) and copy of passport, copy of boarding pass and copy of VISA as Mark B (colly.)
5. Exparte final arguments were heard on the last date and case was fixed for exparte judgment for today.
6. I have given careful consideration to the submissions advanced by Sh. T.K. Goon, Ld. counsel for plaintiff and have gone through the record.
7. The plaintiff has duly exhibited on record documents i.e. copy of certificate of Incorporation, true copy of Board Resolution dated 24.05.2018 and copy of ROC letter dated 21.04.2015, copy of eAgreement Form bearing CAF No. T1001974017, Tariff plan alongwith Email confirmation, Account Ledger of defendant, copy of itemized bills, certificate under Section 65(B) (2) (B) of Indian Evidence Act, four cheques in original alongwith their return memos, copy of legal notices dated 17.02.2017, 20.04.2017 and 21.07.2017 alongwith Speed Post receipts and Tracking Reports, and copy of passport, copy of boarding pass and copy of VISA, in support of its case.
8. The defendant has neither filed any defence nor crossexamined CS SCJ 771/18 Page 4 of 6 MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V. SACHIN RAGHUVARAN KARAPPILLY plaintiff's witness, on account of being exparte, hence testimony of PW1 stands proved, as being uncontroverted and unrebutted.
9. As per the ledger account of the defendant, which is Ex.PW1/D, the last bill was raised on 30.09.2016 and the present case was filed on 14.08.2018. Therefore, the suit filed by the plaintiff is within limitation period of three years as per the Limitation Act 1963. As per ledger account of defendant Sachin Raghuvaran Karappilly (A/C Code: 1528575), total outstanding amount was Rs. 136,003.29/ out of which Rs.43,500/ was paid by the defendant and balance amount of Rs. 92,503.29/ was left due which has not been paid by the defendant till date.
10. In the given circumstances, the plaintiff has satisfactorily proved that a total amount of Rs.92,503.29/ is due, outstanding and payable by the defendant. However, interest at the rate of 18% as claimed is exorbitant. In my considered opinion, grant of interest @ 9% per annum would be adequate.
11. In view of the aforesaid discussion, the suit of the plaintiff is decreed in favour of the plaintiff and against the defendant for a sum of Rs. 92,503/ (Rupees Ninety Two Thousand Five Hundred Three Only) alongwith simple interest @ 9% per annum on principal amount from the date of filing of the suit till date of decree. Plaintiff is further entitled to simple interest @ 6% per annum from date of decree till date of payment of decreetal amount.
CS SCJ 771/18 Page 5 of 6MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V. SACHIN RAGHUVARAN KARAPPILLY Costs of the suit are also awarded in favour of the plaintiff to be paid by the defendant.
12. Decree sheet be prepared accordingly. File be consigned to record room.
(Announced in the open (Tyagita Singh) Court on 16.05.2019) SCJcumRC (South), Saket Courts Digitally signed by TYAGITA New Delhi TYAGITA SINGH SINGH Date: 2019.05.27 16:31:06 +0530 CS SCJ 771/18 Page 6 of 6