Delhi District Court
Binary System vs Vidya Bhushan Tiwari on 20 December, 2025
CS No. 37/2024 Binary System vs. Vidhya Bhushan Tiwari
IN THE COURT OF SH. AJEET NARAYAN
JSCC-ASCJ-GJ, SOUTH EAST DISTRICT, SAKET COURTS,
NEW DELHI
CS SCJ No. 37/2024
CNR No. DLSE030000382024
BINARY SYSTEM
Through its proprietor Sh. Vinod Kumar
Office at: 408 Sant Nagar,
East of Kailash, New Delhi-11006 ...Plaintiff
versus
VIDYA BHUSHAN TIWARI
H-2023, Hindalco Colony Renukoot,
Post Renukoot, Renukoot sonbhadra,
Uttar Pradesh-231217 ...Defendant
Date of Institution : 06.01.2024
Date of Reserving Judgment : 27.11.2025
Date of Judgment : 20.12.2025
Final order : Decreed
SUIT FOR RECOVERY OF RS. 28,000/- ALONG WITH
PENDENTE LITE AND FUTURE INTEREST @ 18% PER
ANNUM
EX-PARTE JUDGMENT
1.Vide this judgment, I shall dispose of the instant civil suit filed by the proprietorship concern namely, M/s Binary System Page No. 1 of 5 CS No. 37/2024 Binary System vs. Vidhya Bhushan Tiwari through its proprietor AR Mr. Vinod Kumar against the defendant for recovery of Rs.28,000/- and for recovery of continuing outstanding rent for one laptop @ Rs.2000/- per month from the date of filing of present suit until the date of actual realization or recovery of laptop alongwith pendente lite and future interest @ 18% per annum and for recovery of one rented laptop (HP Elitebook 8470p i5/4Gb/320Gb/Adapter S.no- Cnu3039xzm) or alternatively, award of monetary damage equivalent to fair market value of Rs.30,000/- for the laptop.
2. It is stated in the plaint that plaintiff company is a proprietorship firm dealing in laptop sales, repairs, and rentals. The defendant approached the plaintiff in December 2021 to rent a laptop for office use, and an oral agreement was made for a monthly rent of Rs. 2,000 for 1 year (08.12.2021 to 07.12.2022). The laptop (HP Elitebook i5/4b/320gb/128 Sd/Adapter/SNO- Cnu3039xzm) was supplied to the defendant on 08.12.2021. The defendant failed to pay rent for July 2022, August 2022, and December 2022 and from December 2022 to December 2023, resulting in an outstanding amount of Rs. 28,000. The cost of the laptop (Rs. 30,000) as per market rates on 30.11.2023. It was agreed that if the defendant fails to return the 1 Desktop within the specified time, they will be responsible for paying the cost of the non-returned 1 laptop, therefore the defendant is liable to pay an additional Rs.30,000/- toward one laptop, in addition to the rental amount. due to non-return of the laptop. A demand notice dated 24.04.2023 was sent, but the defendant did not respond. Despite multiple requests, the Defendant has neither returned the Page No. 2 of 5 CS No. 37/2024 Binary System vs. Vidhya Bhushan Tiwari laptop nor paid the outstanding amount of Rs.28,000/-. Therefore, the present suit is filed.
The plaintiff has filed an application under Order VII Rule 14 CPC alongwith amended plaint which was allowed on 27.11.2025 and amended plaint was taken on record.
3. Summons for settlement of issues through whatsapp were served upon the defendant but neither the defendant has appeared in the court nor WS has been filed by him and thus, defence of the defendant was struck off vide order dated 11.11.2024 and was proceeded ex-parte vide order dated 17.01.2025.
4. Thereafter, matter was fixed for evidence. In order to prove its case, plaintiff examined himself as PW-1 AR Vinod Kumar. He filed his evidence by way of affidavit Ex.PW-1/X and additional affidavit Ex.PW1/6 and relied upon the documents :
Ex.PW1/1 - Copies of all receipts vouchers and invoices. Ex.PW1/2 - Copies of all ledgers of receipt of amount and outstanding amount.
Ex.PW1/3 - Legal demand notice and proof of service. Ex.PW1/A - Certificate under section 65-B of Indian Evidence Act.
Ex.PW1/4 (colly) - Copy of whatsapp chat between the plaintiff and the defendant.
Ex.PW1/5 - Certificate u/s 65-B of Indian Evidence Act. Ex.PW1/7 (colly) - Copy of fresh invoices.Page No. 3 of 5
CS No. 37/2024 Binary System vs. Vidhya Bhushan Tiwari
5. No other witness was sought to be summoned or examined by the plaintiff. Accordingly, plaintiff's evidence was closed on 18.03.2025.
6. I have heard the final arguments and perused the record.
7. Plaintiff has filed the present suit for recovery of Rs. Rs.28,000/- and for recovery of continuing outstanding rent for one laptop @ Rs.2000/- per month from the date of filing of present suit until the date of actual realization or recovery of laptop alongwith pendente lite and future interest @ 18% per annum and for recovery of one rented laptop (HP Elitebook 8470p i5/4Gb/320Gb/Adapter S.no-Cnu3039xzm) or alternatively, award of monetary damage equivalent to fair market value of Rs.30,000/- for the laptop. The suit has been filed within the limitation period and this Court has jurisdiction to decide the present case as per valuation.
8. PW-1 has tendered his evidence and relied upon documents from Ex.PW1/1 (colly) to Ex.PW1/7 (colly) and Ex.PW1/A thereby establishing the averments made in the plaint.
9. PW-1 was neither cross-examined nor was any other evidence led on behalf of the defendant who was proceeded ex- parte. Copies of all receipts vouchers, copies of ledgers of receipt of amount and outstanding, legal notice, certificate u/s 65B of Indian Evidence Act, etc are already on record. Hence, this court has no reason to disbelieve the assertions made by the plaintiff.
Page No. 4 of 5CS No. 37/2024 Binary System vs. Vidhya Bhushan Tiwari
10. In this case, the plaintiff has claimed interest @ 18% p.a. which appears to be too exorbitant. Considering the facts and circumstances, this Court is of the opinion that interest of justice will be served if interest @ 9% p.a. is awarded to the plaintiff.
11. In view of the above discussion, the suit of the plaintiff is decreed for recovery of amounting to Rs.28,000/- and for recovery of continuing outstanding rent for one laptop @ Rs.2000/- per month from the date of filing of present suit until the date of actual realization alongwith pendente lite and future interest @ 9% per annum on both the amounts and the plaintiff is also entitled for award of monetary damage equivalent to fair market value of Rs.30,000/- for the laptop.
Costs of the suit are also awarded in favour of plaintiff.
Decree sheet be prepared accordingly.
File be consigned to Record Room after due compliance.
Digitally signed by AJEET NARAYAN AJEET Date:
Announced in the open court NARAYAN 2025.12.20
17:54:11
today i.e. 20.12.2025 (Ajeet Narayan)
+0530
JSCC-ASCJ-GJ:South-East
Saket Courts:Delhi
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