Delhi District Court
Astute Outsourcing Services Private ... vs Mahendra Premanand Talwar (Exparte) on 9 October, 2023
IN THE COURT OF MS. AMARDEEP KAUR, CIVIL JUDGE-I,
PATIALA HOUSE COURTS, NEW DELHI
CNR No. DLND03-001240-2020
CS No. 762/2020
Astute Outsourcing Services Pvt. Ltd.
139 A/1, Mohammadpur,
Bhikaji Cama Place,
New Delhi-110066. ... Plaintiff
Versus
Mahendra Premanand Talwar
65/5, Joharabai Chawl,
Sarweshrwar Mandir Marg (W),
Takiya Market,
Kurla (W), Mumbai -400070. ... Defendant
Date of Institution : 10.11.2020
Date of Reserving Judgment : 09.10.2023
Date of Judgment : 09.10.2023
SUIT FOR RECOVERY OF Rs. 1,63,346/- ALONG WITH PENDENTE
LITE AND INTEREST AND COST
EX-PARTE JUDGMENT
1.By filing the present suit, the plaintiff has sought recovery of money by way of decree for a sum of Rs. 1,63,346/- against the defendant together with pendente lite and future interest @ 18% per annum on the decreetal amount from the date of filing of the suit till its realization along with cost of suit.
CS No. 762/2020 Page No. 1 of 52. Brief facts as alleged in the plaint and documents filed by the plaintiff are that the plaintiff is a Private company duly registered under the Provisions of Companies Act, 1956 and is in the business of providing HR/outsourcing services. The present suit was filed by the plaintiff through its Director/representative Ms. Tapasi Chakraborty who has been duly authorized in this regard vide resolution dated 30.10.2017.
3. It is the case of the plaintiff that the defendant was originally appointed by one of its group company namely Chaque Jour Outsourcing Solutions Pvt. Ltd. and was later absorbed by the plaintiff company and the defendant was deputed to provide services to its client namely Avery Dennison India Pvt. Ltd. In the year 2017, the plaintiff was informed by the official of Avery Dennison India Pvt. Ltd. that on inquiry it was found that the defendant has committed theft, cheating, falsification of accounts, breach of trust and manipulation of invoices/documents. Thereafter, plaintiff issued a show cause notice dated 06.07.2017 to the defendant and was granted an opportunity for being heard. Further, a police complaint dated 13.07.2017 was also filed against him. The plaintiff company also found that the defendant has illegally and unlawfully obtained/grabbed a total amount of Rs.1,17,259/- from the plaintiff company. The said act of the defendant not only caused monetary loss to the plaintiff company but also damaged the reputation and goodwill in the business world.
4. It is further stated that vide its email dated 05.09.2018, the plaintiff CS No. 762/2020 Page No. 2 of 5 company reminded the defendant about the show cause notice, police complaint, his admission towards the offences committed by him and his acknowledgement towards his liability of Rs. 1,17,259/-. However, the defendant failed to make the payment till date. The plaintiff also sent a legal demand notice dated 28.01.2019 to the defendant for payment of the outstanding amount, which was served upon him, but no reply was recived. Hence, the plaintiff was constrained to file the present suit for recovery of the said amount.
5. Summons for settlement of issues were served upon defendant through email on 24.12.2020. However, none appeared on behalf of the defendant. Hence, the defendant was proceeded ex-parte vide order dated 14.02.2022.
6. In the present case, Ms. Tapasi Chakraborty, AR/Director of the plaintiff has been examined as PW-1. She tendered her evidence by way of affidavit Ex. PW-1/A wherein she reiterated the submissions made in the plaint and relied upon the documents as under:
(i) Original Board of resolution dated 30.10.2017 Ex. PW-1/1(OSR)
(ii) Original Master Data along with copy of Certificate of incorporation and MOA and master data of group company namely Chaque Jour Outsourcing Solutions Pvt. Ltd. Ex. PW-1/2.
(iii) Office copy of letter of appointment of defendant Ex. PW-1/3
(iv) Email communication exchange in respect of offence of the defendant Ex. PW-1/4.CS No. 762/2020 Page No. 3 of 5
(v) Office copy of show cause notice dated 06.07.2017 Ex. PW-1/5.
(vi) Office copy of police complaint dated 13.07.2017 Ex. PW-1/6.
(vii) Computer generated Ledger account of defendant maintained by the plaintiff Ex. PW-1/7.
(viii) Email dated 05.09.2018 Ex. PW-1/8.
(ix) Office copy of legal notice dated 28.01.2019 Ex. PW-1/9.
(x) Emails dated 07.02.2019 Ex. PW-1/10.
(xi) Original speed post receipt Ex. PW-1/11.
(xii) Computer generated tracking report Ex. PW-1/12.
(xiii) Certificate under section 65 B Indian Evidence Act with respect to computer generated document Ex. PW-1/13.
(xiv) Certificate under section 65 B Indian Evidence Act with respect to computer generated tracking report and emails Ex. PW-1/14.
(xv) No other witness was sought to be summoned or examined by the plaintiff. Accordingly, ex-parte evidence was closed on 22.09.2022.
7. Plaintiff has filed the present suit for recovery of Rs. 1,63,436/- with the submission that plaintiff caused a principle loss of Rs. 1,17,259/-, upon which the plaintiff has evaluated pre-litigation interest @ 18% per annum for Rs. 35,177/- and has further sought Rs. 11,000/- as litigation cost, thereby seeking recovery of a total amount of Rs. 1,63,346/-.
8. PW-1 has tendered in his evidence documents i.e. office copy of letter of appointment of defendant Ex. PW-1/3, email communication exchange in CS No. 762/2020 Page No. 4 of 5 respect of offence of the defendant Ex. PW-1/4, office copy of show cause notice dated 06.07.2017 Ex. PW-1/5, office copy of police complaint dated 13.07.2017 Ex. PW-1/6, computer generated Ledger account of defendant maintained by the plaintiff Ex. PW-1/7, email dated 05.09.2018 Ex. PW-1/8., clearly establishing the commercial relationship between the plaintiff and the defendant. The above documents clearly estanlish the liability of the defendant to pay 1,17,259/-. Neither the witness was cross examined nor any other evidence was led on behalf of the defendant who was proceeded ex- parte due to non-appearance. Hence, this court has no reason to disbelieve the assertions of the plaintiff, which leads to a necessary inference that defendant has failed to make the payment due.
9. Keeping in view the unrebutted testimony of PW1 and documents relied upon, it can be said that the plaintiff has duly established its case that defendant has unlawfully withheld Rs. 1,17,259/-, which the plaintiff is entitled to recover.
10. In view of the above discussion, therefore, the suit of the plaintiff is decreed. The plaintiff is awarded decree for recovery of Rs. 1,17,259/- along with cost of suit.
11. Now while the plaintiff has sought interest at the rate of 18 % per annum, no justification thereof has been provided in the suit. Accordingly, only a reasonable interest and litigation cost can be granted. Considering the facts and circumstances of the present case, the plaintiff is awarded CS No. 762/2020 Page No. 5 of 5 interest @ 6 % p.a. on Rs.1,17,259/- from 08.02.2019 till its realization.
12. Further, as prayed, Plaintiff is awarded litigation cost of Rs 11,000/-
13. Decree sheet be prepared accordingly.
14. File be consigned to Record Room after due compliance.
Digitally signed by AMARDEEP AMARDEEP KAUR KAUR Date: 2023.10.09 16:31:56 +0530 Announced in the open Court (AMARDEEP KAUR) on 09.10.2023 Civil Judge-I, New Delhi District New Delhi CS No. 762/2020 Page No. 6 of 5