Delhi District Court
Matrix Cellular (International) ... vs Sh. Abhishek Gaur on 3 July, 2018
MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V Abhishek Gaur
IN THE COURT OF MS TYAGITA SINGH
SENIOR CIVIL JUDGECUMRENT CONTROLLER (SOUTH),
SAKET COURTS, NEW DELHI
CS SCJ 161/17
CNR No.: DLST030003562017
IN THE MATTER OF:
MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD.
07, KHULLAR FARMS, 140, NEW MANGLAPURI,
MANDI ROAD, MEHRAULI,
NEW DELHI110030. ....PLAINTIFF
VERSUS
SH. ABHISHEK GAUR,
S/O MADANLAL MOTILAL PATEL,
R/O E31, VADALA MAIN HIGHWAY,
MEHSANA, GUJARAT386006
ALSO AT:
C/O INTEGRATED INTERNATIONAL SERVICES,
102, SAKAR COMPLEX, OPPOSITE NAGALPUR COLLEGE,
NAGALPUR HIGHWAY, MEHSANA,
GUJARAT384002 ....DEFENDANT
CS SCJ 161/17 Page 1 of 7
MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V Abhishek Gaur
DATE OF INSTITUTION : 08.02.2017
DATE OF RESERVING ORDER : 01.06.2018
DATE OF PRONOUNCEMENT : 03.07.2018
DECISION :
Advocates appearing in the case:
Sh. Abhinay Gupta and Sh. T.K. Goon, Ld. counsels for plaintiff.
Defendant is already exparte.
EXPARTE J U D G M E N T
1.This is a suit filed under Order XXXVII CPC (hereinafter referred to as 'CPC') for recovery of a sum of Rs.23,867/ (Rupees Twenty Three Thousand Eight Hundred Sixty Seven 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 CS SCJ 161/17 Page 2 of 7 MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V Abhishek Gaur 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 an International Mobile Connection No. 3022658577 vide agreement No. T1000791736. It is further averred that an outstanding amount of Rs.23,867/ due and payable by the defendant. It is further averred that plaintiff company raised the invoices on the defendant, as per ledger account. However, despite repeated reminders and requests, the defendant failed to pay the same. Hence, the plaintiff was constrained to get the defendant served with legal notice dated 13.05.2015 which was duly served upon the defendant. However, the defendant, despite receipt of aforesaid notice, failed to make the payment of the aforesaid amount.
3. The present matter has been converted into an ordinary recovery suit vide order dated 18.09.2017.
4. Despite issuance of summons by way of PF, RC and authorized courier, defendant remained unserved. On 18.09.2017, Ld. Counsel for plaintiff stated that defendant resides out of Delhi and despite issuance of process many times, defendant remained unserved. Therefore, suit suit was converted into an ordinary suit for recovery vide order dated CS SCJ 161/17 Page 3 of 7 MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V Abhishek Gaur 18.09.2017 and Ld. Counsel for plaintiff filed application under Order 5 Rule 20 CPC which was duly allowed vide order dated 18.09.2017.
5. The defendant was served by way of publication in newspaper 'Gujrat Vaibhav' dated 08.12.2017. The defendant did not appear even after expiry of 30 days from the date of publication, due to which defendant was proceeded against exparte on 13.02.2018.
6. 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, certified true copy of Board Resolution dated 03.04.2014 and copy of ROC letter dated 21.04.2015 as Ex.PW1/A (colly.) (OSR), copy of e Agreement Form as Ex.PW1/B, Tariff Plan as Ex.PW1/C, Account Ledger of defendant as Ex. PW1/C1, Copy of itemized bills as Ex.PW1/D (colly.), certificate under Section 65B (2) (B) of Indian Evidence Act as Ex.PW1/E, email confirmation letter 05.08.2014 as Ex. PW1/F, copy of Legal Notice dated 13.05.2015 sent to defendant and original speed post slip as Mark A (colly.) and copy of Passport, copy of Visa, copy of Credit Card of defendant as Mark B (colly.). Defendant failed to appear and failed to crossexamine PW1. Hence, plaintiff's evidence was closed on 19.04.2018.
CS SCJ 161/17 Page 4 of 7MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V Abhishek Gaur
7. Exparte final arguments were heard on the last date and case was fixed for exparte judgment for today.
8. I have given careful consideration to the submissions advanced by Sh. T.K. Goon, Ld. counsel for plaintiff and have gone through the record.
9. The plaintiff has filed with the plaint the aforesaid documents i.e. copy of Certificate of Incorporation, certified true copy of Board Resolution dated 03.04.2014 and copy of ROC letter dated 21.04.2015, copy of eAgreement Form, Tariff Plan, Account Ledger of defendant, Copy of itemized bills, certificate under Section 65B (2) (B) of Indian Evidence Act, email confirmation letter 05.08.2014, copy of Legal Notice dated 13.05.2015 sent to defendant and original speed post slip and copy of Passport, copy of Visa, copy of Credit Card of defendant as Mark B (colly.) and has duly exhibited/marked the said documents in evidence of PW1 Sh. Binod Kumar Sinha.
10. As the defendant has neither filed any defence nor crossexamined plaintiff's witness, on account of being exparte, hence testimony of PW1 stands proved, as being uncontroverted and unrebutted.
CS SCJ 161/17 Page 5 of 7MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V Abhishek Gaur
11. As per the ledger account of the defendant, which is Ex.PW1/C1, the last bill was raised on 16.10.2014 and the present case was filed on 08.02.2017. So, 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 Abhishek Gaur (A/C Code: 959702), total outstanding amount was Rs.23,867.33/ which has not been paid by the defendant till date.
12. In the given circumstances, the plaintiff has satisfactorily proved that a total amount of Rs.23,867/ is due, outstanding and payable by the defendant. However, interest at the rate of 18% as claimed is exhorbitant. In my considered opinion, grant of interest @ 9% per annum would be adequate.
13. In view of the aforesaid discussion, the suit of the plaintiff stands proved and is decreed in favour of the plaintiff and against the defendant for a sum of Rs.23,867/ (Rupees Tweny Three Thousand, Eight Hundred Sixty Seven Only) alongwith simple interest @ 9% per annum from the date of filing of the suit till date of payment of decretal amount. Costs of the suit are also awarded in favour of the plaintiff to be paid by the defendant.
CS SCJ 161/17 Page 6 of 7MATRIX CELLULAR (INTERNATIONAL) SERVICES LTD. V Abhishek Gaur
14. Decree sheet be prepared accordingly. File be consigned to record room.
(Announced in the open (Tyagita Singh)
Court on 03.07.2018) SCJcumRC (South), Saket Courts
New Delhi
Digitally
signed by
TYAGITA
TYAGITA SINGH
SINGH Date:
2018.07.06
14:14:28
+0530
CS SCJ 161/17 Page 7 of 7