Delhi District Court
Om Logistics Ltd vs ). M/S Primus Engg. Industries on 5 February, 2022
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IN THE COURT OF MS. RICHIKA TYAGI, CIVIL JUDGE, DELHI
(WEST)-02
SUIT NO.1064/2020
Om Logistics Ltd.
Through its AR Sh. Vinay Kumar
having office at 130, Tansport Center,
Ring Road, near Punjabi Bagh Flyover,
New Delhi-110035
........................PLAINTIFF
VERSUS
1). M/S Primus Engg. Industries
Plot No.D-132, MIDC Sinnar, Nasik,
Maharashtra-422103
Also at:- B-273, Malegaon,
MIDC Sinnar, Nasik, Maharashtra-422103
2). Sh. Vikas Bhutani,
Plot No. D-132, MIDC Sinnar, Nasik,
Maharashtra-422103
Also at:- B-273, Malegaon,
MIDC Sinnar, Nasik, Maharashtra-422103
....................DEFENDANT
Suit filed on - 28.10.2020
Judgment reserved on - 31.01.2022
Date of decision - 05.02.2022
SUIT FOR RECOVERY OF RS.1,05,539.34P/- (RUPEES ONE LAKH
FIVE THOUSAND FIVE HUNDRED THIRTY NINE & THIRTY FOUR
PAISA ONLY)
RICHIK Digitally signed
by RICHIKA TYAGI
A TYAGI
Date: 2022.02.05
Suit No.1064/2020 17:22:54 +05'30' Page-1/6
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EX-PARTE JUDGMENT :-
By this ex-parte judgment I shall dispose of a suit for recovery of
money filed by the plaintiff against the defendant.
1.The facts in brief relevant for the judgment as stated in the plaint are that the present suit has been filed by the plaintiff against the defendant for Rs.1,05,539.34 paisa alongwith pendentelite and future interest @ 18% per annum. It is stated by the plaintiff that it is a limited company incorporated with the Registrar of Companies and the defendant no.1 is a proprietorship concern and defendant no.2 is its proprietor and the person-in-charge and is fully responsible for its day to day affairs. The defendants are running its business from the address as mentioned in the array of the plaint.
2. It is stated that at the time of the start of the business dealings in 2018, an official Mr. Vikas Bhutani from the defendant telephonically approached the plaintiff company and talked to Mr. S. Mahajan, area sales manager at the registered office of the plaintiff for transportation of their consignments throughout India by the plaintiff. The plaintiff quoted their rates as well as the terms and conditions for the transportation of the goods of the defendant. The defendant clearly understood and accepted the offered rates as well as the other terms and conditions of the plaintiff. It is stated that after the defendant accepted the offer of the plaintiff on telephone, the plaintiff started the business dealings with the defendant. In 2018, the officials from the defendant company also visited the plaintiff company at the registered office in order to be ensured about the infrastructure of the plaintiff company. They met the Senior Management persons as well before striking the deal. Thus, an oral contract was entered into between the plaintiff and the defendant.
3. It is further stated that during that course of dealings, the plaintiff provided the best of their services to the defendant and carried out the RICHIKA Digitally signed by RICHIKA TYAGI Suit No.1064/2020 TYAGI Date: 2022.02.05 17:23:12 +05'30' Page-2/6 -3- consignments of the defendant at the destinations as desired by them to their satisfaction.
4. It is further stated that plaintiff raised various bills upon the defendant towards the freight charges for the transportation carried out by the plaintiff for the defendant alongwith the proof of deliveries of the consignments of the defendant. The bills which remain pending for payment by the defendant to the plaintiff are mentioned by the plaintiff in separate bill wise ledged of the defendant which is attached as to the present plaint. The first pending bill is dated 10.09.2018 and the last pending bill is dated 05.07.2019.
5. It is further stated that the defendant was required to pay the freight charges to the plaintiff. As per the arrangements between the parties to the present suit, the plaintiff used to raise the bills for freight charges alongwith the proof of the delivery of the goods. It is stated that the defendant used to make the payment of the freight amount on the 'on account basis' and not 'on bill wise'. The defendant has made the last 'on account' payment of Rs.65,300/- to the plaintiff on 04.07.2019. It is submitted that as per the accounts maintained by the plaintiff, after adjusting all the payments made by the defendant, the defendant is required to pay a sum of Rs.89,440.34/- towards the freight charges to the plaintiff.
6. It is stated that the plaintiff made repeated requests to the defendant to make the payment of the freight charges, but the defendant ignored the same. Thereafter, plaintiff sent a legal notice dated 01.06.2020 to the defendant by courier. However, despite service defendant did not make any payment to the plaintiff. It is further submitted that the defendant has cheated and dishonestly induced the plaintiff to deal with them on credit basis. In these circumstances, bereft of any option, the plaintiff filed the present suit against the defendant. It is stated that an amount of Rs.16,099/- (Rupees Sixteen Thousand Ninety Nine Only) is due on account of interest also @ 18% per annum from the date on RICHIKA Digitally signed by RICHIKA TYAGI TYAGI Date: 2022.02.05 17:23:22 +05'30' Suit No.1064/2020 Page-3/6 -4- which delivery was made and bill was raised.
7. The defendant was duly served with summons for settlement of issues on 11.01.2021, however, neither any one appeared on behalf of defendant nor the WS was filed. Accordingly, defendant was proceeded ex-parte vide order dated 16.12.2021.
8. Ex-parte evidence was led by the plaintiff, arguments have been heard & record has been carefully perused.
9. In ex-parte evidence in order to prove its case the plaintiff got examined two witnesses i.e. Sh. Vinay Kumar, Legal Manager of plaintiff company as PW-1 and Sh. Pawan Singh Bisht, Accounts Officer of plaintiff company as PW-2.
PW-1 Sh. Vinay Kumar tendered his evidence by way of affidavit Ex. PW-1/A and reiterated and reaffirmed the facts mentioned in the plaint on oath. Certain documents were also exhibited which are as under :-
Identification Mark Description
Ex.PW-1/1 (OSR) Certificate of Incorporation.
Ex.PW-1/2 Board Resolution in favour of Vinay Kumar.
Ex.PW-1/3 (Colly) Acknowledgment of Bills/Bills/ Proof of delivery/
GR.
Ex.PW-1/4 Pending bill wise ledger.
Ex.PW-1/5 Statement of account.
Ex.PW-1/6 Legal Notice dated 01.06.2020.
Ex.PW-1/7 (colly.) Courier Receipts (page 16 & 19).
RICHIKA Digitally signed by RICHIKA TYAGI
TYAGI
Date: 2022.02.05 17:23:39 +05'30'
Suit No.1064/2020 Page-4/6
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Ex.PW-1/8 (Colly.) Tracking Reports (page 17, 18 & 20 to 23).
PW-2 Sh. Pawan Singh Bisht also tendered his evidence by way of affidavit Ex. PW-2/A and reiterated and reaffirmed the facts mentioned in the plaint on oath. Certain documents were also exhibited which are as under :-
Identification Mark Description Ex.PW-2/1 Authority Letter in favour of Pawan Singh Bisht. Ex.PW-2/2 Certificate U/s 65B Indian Evidence Act.
10. I have heard the arguments and given my thoughtful consideration to the entire record. The testimonies of PW-1 and PW-2 remained unchallenged and unrebutted and I find no reason to disbelieve the same. The documents have been duly proved as per law.
11. The plaintiff has proved the bills raised by it against the defendants i.e. Ex.PW-1/3 (colly). It is proved by the plaintiff that defendant is liable to pay amount of Rs.89,440.34 p to the defendant by way of Ex/PW-1/4 and PW-1/5. PW-2 has proved to the Court that he maintained the accounts of the plaintiff by way of Ex.PW-2/A and Ex.PW-2/1. The plaintiff further demanded the due amount from the defendant and has proved the same by Ex.PW-1/6, PW-1/7 and PW-1/8, however, the defendant did not pay the same. Hence, the plaintiff is entitled to receive the due amount from the defendant. An amount of Rs.16,099/- (Rupees Sixteen Thousand Ninety Nine Only) is due on account of interest also @ 18% per annum from the date on which delivery was made and bill was raised.
12. Accordingly, the suit is decreed in favour of plaintiff and against the defendant and following reliefs are granted to the plaintiff:-
RICHIKA Digitally signed by
RICHIKA TYAGI
TYAGI Date: 2022.02.05
17:23:50 +05'30'
Suit No.1064/2020 Page-5/6
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(a) A money decree for a sum of Rs.1,05,539.34/- (Rupees One Lakh
Five Thousand Five Hundred Thirty Nine & Paisa Thirty Four Only) as principal amount along with pendent lite and future interest @12% per annum till the actual realization of the outstanding amount.
(b) Costs of the suit.
Decree sheet be prepared accordingly. File be consigned to record room after completing the necessary formalities.
RICHIKA Digitally signed by
RICHIKA TYAGI
TYAGI Date: 2022.02.05
17:23:59 +05'30'
(RICHIKA TYAGI)
Civil Judge, Delhi (West)-02
Announced in the court through Cisco Webex/VC on 05.02.2022.
Suit No.1064/2020 Page-6/6