Delhi High Court
Global Infonet Distribution Pvt ... vs Care Office Equipment Ltd on 7 November, 2014
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2466/2013
% Date of decision :7th November, 2014
GLOBAL INFONET DISTRIBUTION PVT LTD ..... Plaintiff
Through: Mr. Asit Tewari, Adv.
versus
CARE OFFICE EQUIPMENT LTD ..... Defendant
Through: None
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J. (Oral)
1. Plaintiff has filed the present suit for recovery of Rs.24,78,796/-.
Summons were issued in the suit on 10.12.2013. The defendant entered
appearance on 24.03.2014 and sought time to file the written statement.
Despite costs having been imposed on 24.07.2014, no written statement
was filed by the defendant. None appeared on behalf of defendant on the
last date of hearing. Even today none is present on behalf of defendant.
Right to file written statement on behalf of defendant was closed on
09.10.2014. Counsel for the plaintiff prays for a decree under Order VIII
Rule 10 CPC.
2. As per the plaint, plaintiff company is engaged in the business of trading
and distribution of computers, laptops, computer hardware and
components, computer software, mobiles, printers and other allied
products. The Directors of the defendant approached the plaintiff for
supply of computer hardware, software, mobiles and other products in the
month of October, 2010. The defendant agreed to make payments on time
upon goods being supplied by the plaintiff. Defendant further agreed that
all the communications and dealings, such as demand for goods, placing
of orders, payments etc or for any other issue between the parties, the
defendant shall deal with registered office of the plaintiff at Delhi and also
the goods shall be supplied by the branch of plaintiff at Ahmadabad upon
instruction of plaintiff from Delhi. Defendant also agreed that the courts at
Delhi only shall have jurisdiction to entertain all disputes between the
parties with respect to said business dealings.
3. The plaintiff supplied the goods/items to the defendant as per its
requirements and duly raised invoices for the said goods/items. Copies of
the invoices have been placed on record. The defendant made payments
from time to time, by way of cheques and RTGS. As per the plaint, the
plaintiff has maintained a statement of account of dealings between the
parties. Plaintiff has filed the said detailed statement of account, as per
which the defendant is liable to pay Rs.19,73,036/- to the plaintiff.
4. Counsel for the plaintiff submits that various e-mails dated 27.03.2012,
28.03.2012, 11.09.2012, 13.09.2012, 18.09.2012 and 27.08.2013 were
sent to defendant, calling upon the defendant to make the payment of the
outstanding amounts, but no satisfactory reply was received. Further, the
plaintiff under said circumstances was constrained to issue legal notice
dated 12.08.2013 to the defendant for release of payment together with
interest @24% p.a., which, due to typographical error, was mentioned as
18% p.a. in the said notice. Despite service of legal notice, no reply has
been received from the defendant.
5. Plaintiff has claimed Rs.24,78,796/- (i.e. principal amount of
Rs.19,73,036/- and interest @24% p.a. Rs.5,05,560/-) alongwith pendent
lite and future interest @24% p.a. from the defendant.
6. I have heard counsel for the plaintiff and also perused the plaint and the
documents filed alongwith the plaint including the invoices raised by the
plaintiff, the statement of account maintained by the plaintiff in name of
defendant and also the legal notice dated 12.08.2013 issued by the
plaintiff to defendant for release of payment with interest. Documents
placed on record clearly show that the goods were duly supplied to the
defendant by the plaintiff, however, the defendant failed to clear its
outstanding and there is a due of Rs.19,73,036/- from the defendant.
7. Accordingly, having regard to the submissions made by learned counsel
for the plaintiff, the documents placed on record and also that despite
opportunity having been granted to the defendant to file written statement,
no written statement has been filed and none is present on behalf of the
defendant, the present suit is decreed in favour of the plaintiff and against
the defendant under Order VIII Rule 10 CPC in the sum of Rs.19,73,036/-
along with pendent lite interest @12% p.a.
8. Decree sheet be drawn up accordingly.
G.S.SISTANI, J
NOVEMBER 7, 2014
ns
