Delhi District Court
V.R.S. International Pvt. Ltd vs Warora Kurnool Transmission Ltd ... on 4 September, 2025
IN THE COURT OF SH. SUNIL KHATRI, CIVIL JUDGE-06
CENTRAL DISTRICT TIS HAZARI COURTS, DELHI
CS SCJ No. 568/2021
CNR No. DLCT03-001342-2021
IN THE MATTER OF:-
VRS INTERNATIONAL PVT. LTD.
THROUGH IT'S A/R - SH. SANJAY KUMAR AGARWAL
201, PPH HOUSE, 5E
JHANDEWALAN EXTN.
NEW DELHI-110005. ........PLAINTIFF
VERSUS
WARORA -KURNOOL TRANSMISSION
LTD. (PROJECT)
THROUGH ITS CEO/CMD
513/A, 5TH FLOOR, KOHINOOR CITY,
KIROL ROAD KURLA (WEST),
MUMBAI 400070. .......DEFENDANT
SUIT FOR RECOVERY OF RS. 33,531/- ALONG WITH
INTEREST
Date of Institution : 02.03.2021
Date of Reserving for Judgment : 02.09.2025
Date of Judgment : 04.09.2025
CS SCJ 568/21 V.R.S INTERNATIONAL PVT. LTD. Vs. WARORA -KURNOOL TRANSMISSION LTD. (PROJECT) 1/6
Digitally
signed by
SUNIL
SUNIL KHATRI
KHATRI Date:
2025.09.04
16:57:26
+0530
JUDGMENT
1. The present suit has been filed by plaintiff seeking recovery of the unpaid amount of Rs.33,531/- alongwith pendente-lite and future interest @ 24% per annum till realization alongwith costs of the suit.
2. The relevant facts of the case as culled out from the plaint are as follows:-
2.1 The plaintiff was approached by the defendant and had requested the plaintiff to book ticket bookings for the defendant.
Consequently the plaintiff had issued the ticket as per the demands of the defendant and over a period of time and an amount of Rs. 33,531/- stands outstanding in the books and accounts of the plaintiff which is due and payable from the defendant. The plaintiff is running an open and running account in the defendant's name.
2.3 It was submitted by the plaintiff that the defendant has dishonestly deceived the plaintiff and fraudulently and dishonestly induced him to deliver the tickets to the tune of Rs. 33,531/-.
2.4 It was further submitted that the plaintiff had been requesting the defendant to clear the outstanding amount of Rs. 33,531/- which was due and payable from the defendant.
CS SCJ 568/21 V.R.S INTERNATIONAL PVT. LTD. Vs. WARORA -KURNOOL TRANSMISSION LTD. (PROJECT) 2/6 Digitally signed by SUNIL SUNIL KHATRI KHATRI Date:
2025.09.04 16:57:32 +0530 2.5 It was further submitted that the defendant is playing a game of hide and seek with the plaintiff, his malafide intention was to gain time with no intention for repayment of the amount.
2.6 It was further submitted that the defendant is not within his right to withhold this amount which is due and payable.
2.7 It was further submitted that the defendant has not paid the balance outstanding amount, inspite of the continuous demand, repeated reminders and requests by the plaintiff to the defendant.
2.8 Lastly, it was further submitted that a decree for a sum of Rs.33,531/- alongwith pendente-lite and future interest @ 24% per annum till realization alongwith costs of the suit may be passed in favour of the plaintiff and against the defendant.
3. The summons were duly served on the defendant on 21.08.2022. Further, defendant had failed to file his WS and his right to file the same was closed on 01.02.2023. He was proceeded ex-parte on 09.11.2023 on his non appearance in the court. Matter was thereafter fixed for ex-parte plaintiff evidence.
4. To prove his case, Sh. Bhuwan Lal, AR of the plaintiff examined himself as PW1 and tendered his evidence by way of affidavit which is Ex. PW1/1. PW1 has relied upon following documents:-
i. Ex. PW1/1 is Board of Resolution dated 19.08.2023.
CS SCJ 568/21 V.R.S INTERNATIONAL PVT. LTD. Vs. WARORA -KURNOOL TRANSMISSION LTD. (PROJECT) 3/6 Digitally signed by SUNIL SUNIL KHATRI KHATRI Date:
2025.09.04 16:57:38 +0530 ii. Copy of the accounts statement exhibit PW-1/2. iii. Copy of the email dated 29.06.2017, e-ticket, invoice bearing no. DTI00001284 dated 29.06.2017 are exhibited Ex. PW-1/3 (colly).
iv. Copy of the email dated 04.07.2017, e-ticket, invoice bearing no. DTI00001383 dated 04.07.2017 are exhibited Ex. PW-1/4 (colly).
v. Copy of the email dated 04.07.2017, e-ticket, invoice bearing no. DTI00001386 dated 04.07.2017 are exhibited Ex. PW-1/5 (colly).
vi. Copy of the legal/ demand notice dated 08.06.2020 alongwith postal receipts are Ex. PW1/6 (colly). vii. Certificate U/S 65(B) of Indian Evidence Act is exhibited as Ex. PW1/7.
Thereafter, plaintiff closed his evidence by a separate statement to that effect.
5. I have heard the ex-parte arguments on behalf of the plaintiff and perused the record.
6. The plaintiff has duly proved the factum of giving services for booking of ticket to the defendant vide e-mails and invoices that are Ex. PW1/3 (colly) to Ex. PW1/5 (colly). Also, account statement filed by the plaintiff Ex. PW1/2 shows the amount due from the defendant towards the plaintiff. Legal/demand notice dated 08.06.2020 alongwith postal receipt i.e. Ex. PW1/6 (colly) further fortifies the CS SCJ 568/21 V.R.S INTERNATIONAL PVT. LTD. Vs. WARORA -KURNOOL TRANSMISSION LTD. (PROJECT) 4/6 Digitally signed by SUNIL SUNIL KHATRI KHATRI Date:
2025.09.04 16:57:45 +0530 case of the plaintiff. Ex. PW1/7 i.e. Certificate U/S 65 (B) of Indian Evidence Act has also been filed on behalf of the plaintiff. The averments made by the plaintiff stand duly proved by way of documents filed with the suit. Hence, plaintiff has duly discharged his burden of proof under Section 101 of the Indian Evidence Act, 1872. It was for the defendant to dispute that no amount was due towards the plaintiff or the amount due was already paid, however, defendant has failed to enter appearance. Since defendant was proceeded ex-parte and no evidence was led by him despite service of summons, there is nothing on record which casts any doubt on the case of plaintiff. The case of plaintiff has gone unchallenged, uncontroverted and unrebutted. Accordingly, plaintiff has successfully proved its case.
7. Further, the plaintiff has claimed pendent-lite and future interest @ 24% per annum, which in the opinion of the court is exorbitant. Present one is a commercial transaction for services given by the plaintiff to the defendant. In the discretion of court, simple rate of interest @ 9% per annum is reasonable.
8. In view of above discussion, the suit of the plaintiff is hereby decreed and it is held that plaintiff is entitled to decree for recovery of Rs.33,531/- against the defendant, alongwith simple interest @ 9% per annum from the filing of the suit till its realization. Cost of the suit is also awarded in favour of the plaintiff.
9. Decree sheet be prepared accordingly.
CS SCJ 568/21 V.R.S INTERNATIONAL PVT. LTD. Vs. WARORA -KURNOOL TRANSMISSION LTD. (PROJECT) 5/6 Digitally signed by SUNIL SUNIL KHATRI KHATRI Date:
2025.09.04 16:57:53 +0530
10. File be consigned to record room after due compliance.
Digitally signed by SUNIL SUNIL KHATRI Pronounced in the court KHATRI Date:
2025.09.04 16:57:59 on 04.09.2025. +0530 (SUNIL KHATRI) Civil Judge-06/Central Tis Hazari Courts/Delhi Present judgment consists of 06 pages and each page is signed by me.
Digitally signed by SUNIL SUNIL Date:
KHATRI KHATRI 2025.09.04 16:58:02 +0530 (SUNIL KHATRI) Civil Judge-06/Central Tis Hazari Courts/Delhi CS SCJ 568/21 V.R.S INTERNATIONAL PVT. LTD. Vs. WARORA -KURNOOL TRANSMISSION LTD. (PROJECT) 6/6