Delhi District Court
Maxsas Facility Management Pvt. Ltd vs Pacl Limited on 3 January, 2019
IN THE COURT OF MS. TWINKLE WADHWA: LD. ADDITIONAL
DISTRICT JUDGE03:PATIALA HOUSE COURT:NEW DELHI
DISTRICT
CS No. 304/18
Maxsas Facility Management Pvt. Ltd.
Through its Director
Shri O P Chaudhary
Regd. Office at H. No. 35,
Om Nagar, Gali No.5,
BlockA, Badarpur, Delhi110044.
Also Branch Office
C 37, FF, Metro Plaza, Sector15,
Vasundhra, Ghaziabad, UP201011.
.....Plaintiff
VERSUS
PACL Limited
Through its Director/AR
At: 7th Floor, Gopaldas Bhawan,
28, Barakhamba Road, New Delhi110001.
Regd. Office: 22, 3rd Floor,
Anber Tower, Sansar Chand Road,
Jaipur302004.
Corporate Office at: Office No. 15,
Upper Ground Floor, Antrikash Bhawan
Connaught Place, New Delhi110001.
Also at: 401406, Indira Prakash Building,
Barakhamba Road, New Delhi110001. ....Defendant
CS No. 304/18 Page 1 of 4
Date of Institution : 04.04.2018
Date of Final Arguments : 03.01.2019
Date of Decision : 03.01.2019
Order 37 CPC JUDGMENT
The Case
1.Present is a suit filed under Order 37 CPC by plaintiff on the basis of bills raised and ledger account.
Plaintiff's Case
2. It is the case of plaintiff that it is engaged in the business of providing facility of Security Guards, gunners and housekeeping services. In June, 2013, defendant approached plaintiff and asked him to provide the services. Work orders placed by the defendant is already annexed on record.
3. It is the case of plaintiff that it supplied services i.e. guards etc. to the defendant company and bills were accordingly raised. Original bills are duly filed on record. It is submitted that since payment was not made bill wise by defendant, hence a running open account was maintained by plaintiff in his books of account which is also filed on record and Section 65 B Certificate is also filed along with the same. It is submitted that the last payment was made by defendant on 01.12.2015. Thereafter, no payment was CS No. 304/18 Page 2 of 4 made. Hence, consequently, a legal notice dated 22.02.2018 was issued to defendant thereby raising demand regarding the payment but no payment was made. Hence, the present suit under Order 37 CPC was filed.
4. In the present suit, defendant was served but did not appear. Hence vide order dated 26.07.2018 it was held that plaintiff was entitled to judgment.
Reasons for Decision
5. Heard the ld. counsel for the plaintiff and gone through the record.
6. The present is a suit filed under Order 37 CPC on the basis of original bills and ledger account which is proved on record. Original bills as well as ledger account is not disputed by the defendant as it has failed to appear before the Court despite service. As such evidence before the undersigned is uncontroverted and unchallenged. I have no reason to disbelieve the same.
7. As far as limitation is concerned, the account between the parties is open and running account. Further it is not mentioned on the bills or anywhere, the duration within which payment is to be made. Hence, the residual Section of the Limitation Act applies and limitation is 3 years from the date of demand is raised i.e. from CS No. 304/18 Page 3 of 4 the date of issue of legal notice. Hence, the present suit is within limitation.
8. As per the work orders, bills, ledger account and other documents filed on record, an amount of Rs.8,69,394/ is due to the plaintiff from the defendant and the said is an amount without interest. Hence, plaintiff is entitled to judgment qua this amount and defendant is directed to make payment of Rs.8,69,394/ to the plaintiff.
9. As far as interest is concerned, as per the bills filed on record, interest is mentioned @ 24% but plaintiff has claimed an interest @ 18%. However, in my opinion, interest @ 24% or 18% is a penal interest. He is entitled to interest @ 10% from the date of filing of the present suit till realisation of actual amount, considering in view the prevailing interest rates.
10. In view of the above, the suit of the plaintiff is accordingly decreed for a sum of Rs.8,69,394/ along with interest @ 10% per annum from the date of filing of the suit till the date of actual realisation.
Digitally
Decree Sheet be prepared accordingly. signed by
TWINKLE
TWINKLE WADHWA
File be consigned to record room. WADHWA Date:
2019.01.03
12:05:04
Announced in an open Court +0530
On 3rd day of January, 2019. (Twinkle Wadhwa) ADJ03/PHC/NEW DELHI
03. 01.2019 CS No. 304/18 Page 4 of 4