Delhi District Court
Professional Impex Pvt Ltd vs Next World Technologies on 3 January, 2024
IN THE COURT OF CIVIL JUDGE-01, WEST, TIS
HAZARI COURTS, DELHI
Presided over by- Sh. Vikas Madaan, DJS
CS SCJ No. 857/2019
CNR DLWT 030016262019
Date of institution of suit : 31.05.2019
Date of reservation of Judgment : 12.12.2023
Date of passing of Judgment : 03.01.2024
M/s Professional Impex Pvt. Ltd.
having its registered office at
First Floor, Harbans Bhawan-1
DDA Business Complex
Nagal Raya, New Delhi-110046.
..........Plaintiff
Vs.
M/s Next World Technologies
Through Ms. Jyoti Bansal its proprietor
A-2/121, Janakpuri
New Delhi-110058.
Also at
1F15, Rewari Lane
Mayapuri Industrial Area
Phase-II
New Delhi-110064.
.......... Defendant
Argued by
Sh. K.L. Mishra, Ld. counsel for plaintiff
____________________________________________________
Page no.1 of 6 CS SCJ No.857/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies
SUIT FOR RECOVERY
JUDGMENT
FACTUAL MATRIX
1. Brief facts of the present case as per plaint are that the plaintiff is a company incorporated under the Companies Act, 1956. It is stated that the plaintiff is a reputed Govt. approved custom house clearing agent based at New Delhi and known for its best services at concerned ports. It provides prompt and efficient clearing services to its clients also arranges transportation and delivery of their imported goods at their destination as desired by them in Delhi/NCR which includes providing services at Port required for clearance of imported goods. It is stated that defendant used to import goods/materials from overseas country and for clearing of the same from custom department, she approached the plaintiff and agreed to avail its services for clearance of her imported goods/materials at port from customs department. It is further stated that plaintiff agreed to defendant's aforesaid request and started providing its services for clearance of her imported goods/materials with the assistance of one of its associate concern namely M/s Professional Exim from Custom Department. It is further stated that defendant kept on availing the services of plaintiff and getting her imported goods/materials cleared from customs and became liable to pay the bills/debit notes/invoices raised by plaintiff from time to time for the services provided by it. It is further stated that plaintiff started sending its bills/debit notes/invoices to defendant for the service provided by it and as Page no.2 of 6 CS SCJ No.857/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies per the ledger account in respect of defendant's account maintained by plaintiff in its books of account and after adjusting last payment of Rs. 2,50,000/-made by defendant on 19.12.2017 an amount of Rs. 51,130/- remained due and outstanding payable by defendant to plaintiff as on 19.12.2017. It is further stated that despite repeated demands of plaintiff, defendant failed and neglected to pay any amount towards the aforesaid balance due amount, hence the defendant became liable to pay interest at commercial rate @ 18 % p.a on the aforesaid balance due amount of Rs.51,130/-from 28.12.2017 i.e. after more than one week from the said due date. It is further stated that a legal demand notice dated 06.03.2019 was sent to defendant but of no avail, hence the present suit has been filed by the plaintiff.
2. By virtue of present suit, the plaintiff has prayed for the following reliefs :
(a) Decree for Rs. 62,073/- due and payable as on 06.03.2019 together with further interest @ 18 % p.a from 07.03.2019 or from the date of filing of the present suit till its realization.
(b) Cost of the suit.
(c) Any such other relief.
3. Defendant was served by way of e mail on 07.11.2020. Vide Order dated 20.07.2022, the right to file W.S was closed and defendant was proceeded ex-parte.
Page no.3 of 6 CS SCJ No.857/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies C. PLAINTIFF'S EVIDENCE
4. In order to prove his case plaintiff has examined its AR Sh.
Bibek Kumar Jha as PW-1 and has tendered in evidence his duly sworn in affidavit. Same is Ex. PW 1/A and has relied upon following documents:
Sr. No. Details of documents Exhibits
1 Certified copy of Board Ex. PW 1/1
Resolution dated 20.07.2022
2. Certified copy of board Ex. PW 1/ 2
resolution dated 31.03.2018
3. Copy of bills/invoices dated Ex. PW 1/3,
10.09.2014 and 28.12.2014 Ex.PW1/4
4. Copy of ledger account Ex. PW 1/5
5. Copy of legal demand notice Ex. PW 1/6
dated 06.03.2019 and postal Ex. PW 1/7
receipt
6. Certificate U/s 65 B Ex. PW 1/8
( with respect to bills and ledger
account)
5. Thereafter, vide separate statement made by plaintiff on 12.10.2023 PE was closed and the matter was listed for ex-parte final arguments.
Page no.4 of 6 CS SCJ No.857/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies
6. I have heard final arguments advanced by Ld. counsel for plaintiff and perused the record carefully.
7. It is apropos to mention that in order to prove its case plaintiff got examined its authorized representative, Sh. Bibek Kumar Jha as PW1. PW-1 in his testimony has placed on record copy of Board Resolution dated 20.07.2022 which shows that AR of plaintiff company had been duly authorized by plaintiff company to pursue the present case on behalf of plaintiff in the court in the present suit. Thus, by placing on record Ex.PW1/1, Sh. Bibek Kumar Jha has duly proved his bona fide to pursue the present case on behalf of plaintiff concern. PW-1 in his testimony has placed on record the copy of bills/invoices dated 10.09.2014 and 28.12.2014 i.e. Ex. PW 1/3 and Ex. PW 1/4 which are for Rs.60,774/-and Rs.35,973/-. Copy of ledger account is Ex. PW 1/5 which shows the closing balance of Rs.51,129.84/-which is duly supported with the certificate U/s 65 B of Indian Evidence Act Ex. PW 1/8. The plaintiff has also filed legal demand notice dated 06.03.2019 i.e. Ex. PW 1/6 and speed post receipt i.e. Ex. PW 1/7 respectively.
8. Thus, on the basis of the conjoint and cumulative appraisal of evidence made as above, it can be stated that, the testimony of PW1 has remained unrebutted and unblemished as the defendant did not appear to contest the present suit. Further, it is noteworthy to mention that in the first place the testimony of PW1 is on oath, and the same has gone unchallenged as despite service, Page no.5 of 6 CS SCJ No.857/2019 M/s Genext Green Power Solutions Pvt.
Ltd. Vs. Next World Technoligies defendant did not choose to contest the present suit. Therefore, the possibility of doubting the testimony of PW1 stands negated as his testimony remained unblemished. Also, by placing on record the ledger account Ex.PW1/5 of the defendant maintained by plaintiff company, showing the due outstanding amount due against defendant, plaintiff has been able to prove its case on the scale of preponderance of probabilities.
9. In these circumstances, in the considered opinion of the court, by virtue of oral and documentary evidence on record, plaintiff has been able to prove its case for the recovery of sum of Rs.62,073/. The suit of the plaintiff is decreed for Rs. 62,073/. The plaintiff has prayed for interest @ 18 % p.a which appears unreasonable and not the current prevailing market rate of interest. Plaintiff is granted interest @ 8 % p.a. from the date of filing of suit till its realization. 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.
ANNOUNCED IN THE OPEN COURT TODAY i.e. on 03.01.2024 (VIKAS MADAAN) CIVIL JUDGE-01, WEST, TIS HAZARI Note: This judgment contains 6 pages COURTS, DELHI and each page is signed by the under signed.
Page no.6 of 6 CS SCJ No.857/2019 M/s Genext Green Power Solutions Pvt.