Delhi District Court
World Mark Freight Logistics Pvt. Ltd vs Sh. Upendra Kumar Singh on 30 November, 2015
IN THE COURT OF SH. SANJAY KUMAR, ADDITIONAL
DISTRICT JUDGE-02, WEST, DELHI.
CS No. 74/14
Unique Case ID No. 02401C0219552014
World Mark Freight Logistics Pvt. Ltd.
Having their Registered office at:
13/19, East Patel Nagar,
New Delhi-110008 .....Plaintiff
Versus
Sh. Upendra Kumar Singh
Equi Plus (India)
C-21, Panki Industrial Area,
Site No. 1, P.O. Udyog Nagar,
Kanpur - 208005, U.P. ....Defendants
Date of institution of the case : 15.05.2014
Date of reserving of judgment : 23.11.2015
Date of pronouncement of judgment : 30.11.2015
EX-PARTE JUDGMENT
1.In brief the facts are that the plaintiff company filed the present suit for recovery of Rs.3,04,879/-. It is stated that the plaintiff company is being engaged in business of Air forwarding of freight by Sea and Air as well as handling of Air/Sea import, Sea/Air consignments arriving from various countries to New Delhi. The plaintiff company is duly registered with the Registrar of Companies and certificate of incorporation has been issued. Sh. Shambhu Dutt - Asst. Manager Account and Shri Uday pal Singh duly authorized to file the present suit, who are fully conversant to CS No.74/14 Worldmark Freight Logistics Pvt. Ltd. vs. Upendra Kumar Singh 1/4 the facts of the case. The Board of Directors have passed resolution dated 09.05.2014 in this regard and extracts have been placed on record.
2. The defendant is a proprietorship unregistered firm involved in the business of import and export by way of Air/Sea. Defendant approached the plaintiff for their consignment by Air from Taiwan and China to its destination at New Delhi. Defendant agreed to pay the Air/Sea freight and freight related charges for the shipment lifted by the plaintiff. Plaintiff issued invoices for the consignments and original invoices are always received by defendant at Patel Nagar address with a promise to make payment at the earliest. However, defendant failed to make payment of the invoices dated 05.11.2012, 17.11.2012, 26.11.2012 and 27.11.2012, total amounting to Rs.233529/-.
3. It is stated that the defendants promised to pay the said due amount and even acknowledged the amount due and sent their schedule for payment by e-mail. However, defendant failed to make the payment. Therefore, the present suit filed for the principal amount of Rs.2,33,529/- along with interest due @ 24% per annum, total amounting to Rs.3,04,879/-. It is prayed that decree may be passed along with interest @ 24% per annum pendente lite and future interest till realization.
4. Summons of the suit issued to the defendant for 22.08.2014 but on 22.08.2014 the court was on leave and the matter was adjourned for 28.11.2014. On 28.11.2014 matter was adjourned for further proceeding for 07.01.2015, after CS No.74/14 Worldmark Freight Logistics Pvt. Ltd. vs. Upendra Kumar Singh 2/4 observing the service of the defendant by Ld. Predecessor. On 07.01.2015, again no one appeared for the defendant and therefore, the defendant was proceeded ex-parte.
5. Plaintiff in order to prove his case examined PW1 Sh. Uday Pal Singh.
6. I have heard Ld. Counsel for the plaintiff Sh. Uday Kumar and perused the record.
7. PW1 Sh. Uday Pal Singh proved on record copy of certificate of Incorporation of plaintiff company as Ex. PW1/1, Copy of Articles of Memorandum of Association of plaintiff's company as Ex. PW1/2, Extract of the resolution passed as Ex. PW1/3, Copy of Import Export Code of the defendant's company as Ex. PW1/4, copies of Airway Bills/Bills of Lading as Ex. PW1/5 to PW1/8, Invoices for the shipments as Ex. PW1/9 to PW1/12, copies of Delivery Order/Cargo Release Order for the shipments as Ex. PW1/13 to PW1/16, Copy of e- mail communications as Ex. PW1/17 (collectively), copy of Statement of Account as Ex. PW1/18, Copy of legal notice dated 04.04.2014 along with Postal Slip of Speed Post and Delivery Report as Ex. PW1/19 to PW1/21 respectively. As defendant has been proceeded ex-parte, all these documents and evidence of PW1 remains unrebutted and unchallenged and there is no reason before the court to disbelieve the evidence led by the plaintiff.
8. On the basis of testimony of PW1 and proved documents on record, the plaintiff has been successful in proving its case. Hence, the suit of the plaintiff is decreed.
CS No.74/14 Worldmark Freight Logistics Pvt. Ltd. vs. Upendra Kumar Singh 3/4
9. Accordingly, plaintiff is entitled for recovery of a sum of Rs.3,04,879/- (Rupees three lacs four thousand eight hundred seventy nine only) from the defendant. However, keeping in view the overall facts and circumstances, interest @ 12% per annum is awarded on the decreetal amount from the date of filing of the suit till realization of the decreetal amount. Cost of the suit is also awarded to the plaintiff. Decree sheet be prepared accordingly.
10. File be consigned to Record Room.
Announced in the open court today the 30th November, 2015.
(Sanjay Kumar) ADJ-02,West/Delhi 30.11.2015 CS No.74/14 Worldmark Freight Logistics Pvt. Ltd. vs. Upendra Kumar Singh 4/4