Delhi District Court
Morpheus Security Private Limited vs Shri Tirupati Balaji Electronics Pvt. ... on 6 August, 2018
IN THE COURT OF MS. MONA TARDI KERKETTA, ADDL. SENIOR
CIVIL JUDGE-CUM- JUDGE SMALL CAUSE COURT-CUM-
GUARDIAN JUDGE, DISTRICT: SOUTH, NEW DELHI.
CS No.681/2017
CNR No.DLST03-001165-2017
IN THE MATTER OF:-
Morpheus Security Private Limited,
Through its Director,
A-1, 2nd Floor, Anupam Enclave,
Phase-I, IGNOU Road, Saket,
New Delhi-110030. ......Plaintiff
VERSUS
Shri Tirupati Balaji Electronics Pvt. Ltd.
Through its Managing Director,
Sh. Rishi Kumar,
MVL Building, 6th Floor, Chandan Nagar,
Sector-15, Part-II,
Gurgaon, Haryana. .....Defendant
SUIT FOR RECOVERY UNDER ORDER XXXVII CPC
DATE OF INSTITUTION : 09.06.2017
ORDER RESERVED ON : 06.08.2018
DATE OF JUDGMENT : 06.08.2018
JUDGMENT
1. As per the plaint, Sh. Rishi Kumar, Managing Director of the defendant approached the plaintiff in its Head Office for providing Security services to its organization in the month of February, 2014 and after the negotiation, the defendant requested the plaintiff to provide the defendant Security personnel at plot 1A, Sector-6, Bawal, Haryana at the mutually CS No.681/2017 Morpheus Security Pvt Ltd. Vs. Tirupati Balaji Electronics Pvt. Ltd & Ors. Page No.1 of 3 agreed monthly charges. Accordingly, acting upon defendant's instructions, plaintiff started providing Security Personnel beginning from 4th February, 2014 to the defendant. Plaintiff also provided bills in the name of defendant instead of MVL Limited of Bawal Location. Originally, bills were raised in the name of MVL Limited only. Defendant was irregular in making payment from very inception service /security provided by the plaintiff. Defendant kept on stating to the plaintiff that there were some payment issues on their part and requested the plaintiff to keep on providing the services to them and assured that outstanding amount shall be cleared very soon. Against the ascertained outstanding liability Rs.1,00,760/-, the director of defendant made payment of Rs.49,500/- after TDS deduction of 2% issued two cheques bearing no.000251 and no.000254 both dated 10.09.2016 for an amount of Rs.24,750/- drawn on Bank of Baroda, Greater Kailash, New Delhi respectively in favour of plaintiff. Plaintiff presented the said cheques to his banker i.e. Bank of India, Saket Branch, New Delhi but the same got dishonered for the reason "Payment stopped by drawer" vide memos dated 23.09.2016. Plaintiff informed the defendant about the said fact but defendant refused to make any payment for the services. Plaintiff issued a legal notice dated 19.10.2016 to defendant but despite of receiving said legal notice, defendant did not pay any heed. Hence, the present suit has been filed.
2. The defendant entered his appearance in the suit and moved an application for leave to defend the suit after the service of summons for judgment upon him.
3. The application for leave to defend has been declined vide separate detailed order passed today. In support of the case, the plaintiff CS No.681/2017 Morpheus Security Pvt Ltd. Vs. Tirupati Balaji Electronics Pvt. Ltd & Ors. Page No.2 of 3 has brought on record certified copy of board resolution dated 06.06.2017 passed in favour of Sh. Ashok Kumar Singh, Director of the Company to institute and defend the suit etc; emails dated 30.06.2014, 14.06.2016, 21,06.2016, 22.06.2016; invoices no.M/S/16-17/00202, M/S/16-17/102, M/S/15-16/001276 and M/S/15-16/001161; original dishonored cheques both dated 10.09.2016 of Rs.24,750/- each drawn on Bank of Baroda, Greater Kailash Branch, New Delhi along with original returned memos dated 23.09.2016.
4. For the reasons of refusal of leave to defend the suit, the plaintiff is entitled to judgment as per Order XXXVII CPC. The suit of the plaintiff is accordingly decreed in its favour and against the defendant. The defendant is held liable to pay the amount of Rs.49,500/- (Rupees Forty Nine Thousand & Five Hundred Only) along with interest @ 12% per annum from the date of filing the present suit till the realization.
5. Let decree sheet be prepared accordingly and file be consigned to Record Room as per rules.
(Mona Tardi Kerketta) JSCC-cum-ASCJ-cum-GJ South District, Saket Courts, New Delhi.
Announced in the open Court today i.e 06th August, 2018 CS No.681/2017 Morpheus Security Pvt Ltd. Vs. Tirupati Balaji Electronics Pvt. Ltd & Ors. Page No.3 of 3