Delhi High Court
Dimension Data India Private ... vs Vertex Custom Management India ... on 13 October, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 13th October, 2017
+ CS(COMM) 1020/2016
DIMENSION DATA INDIA PRIVATE LIMITED
..... Plaintiff
Represented by: Mr. Dhruv Wahi, Mr. Mohit
Bhardwaj, Advs.
versus
VERTEX CUSTOM MANAGEMENT INDIA PRIVATE LIMITED
..... Defendant
Represented by: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
1. By the present suit, plaintiff seeks inter alia a decree for a sum of
₹1,91,73,992.07 (Rupees One crore ninety one lakhs seventy three thousand
nine hundred ninety two and paisa seven only) with pendente lite and future
interest @ 18% per annum from the date of institution of the present suit
upto the date of realization of the decretal amount in favour of the plaintiff
and against the defendant.
2. Summons in the suit were issued to the defendant vide order dated 3 rd
August, 2016. Defendant was served through publication vide order dated
15th September, 2017. Since the defendant has not entered appearance
despite service, plaintiff prays for a decree against the defendant in terms of
Order VIII, Rule 10 of Code of Civil Procedure, 1908 (in short 'CPC') read
with Order XIII-A CPC.
3. Plaintiff is a company incorporated under the Companies Act, 1956
having its registered office at Trade View, 2 nd Floor, Kamala Mills
Compound, Pandurang Budhkar Marg, Lower Parel, Mumbai - 400013.
Plaintiff is engaged in the business of information, communication
technology and allied services and is also a reseller of hardware and
software.
4. Defendant is also a company duly incorporated under the Companies
Act, 1956 and having its registered office at 122, First Floor, Jaina Tower-1,
Jankapuri District Centre, Janakpuri, Delhi - 110058.
5. On 15th October, 2013, plaintiff had forwarded a proposal for sale of
licenses to the defendant. Based on the aforesaid proposal, defendant placed
a purchase order bearing no. P240000149-2 dated 24th October, 2013 for
purchase of certain Microsoft Licenses. Plaintiff procured the licenses from
the distributor of Microsoft and delivered to the defendant in October, 2013
itself. Thereafter, plaintiff raised invoice no. 7570094559 dated 15th
November, 2013 for a sum of ₹1,91,73,992.07 (Rupees One crore ninety one
lakhs seventy three thousand nine hundred ninety two and paisa seven only)
on the defendant towards the licenses supplied, which was delivered and
accepted by the defendant on 18th November, 2013.
6. Out of the total invoice amount of ₹1,91,73,992.07, defendant made
payment of ₹53,24,523.01 (Rupees fifty three lakhs twenty four thousand
five hundred twenty three and paise one only). Thus, the balance amount
due on the defendant is ₹1,38,64,057.89 (Rupees One crore thirty eight lakhs
sixty four thousand fifty seven and paise eighty nine only).
7. Plaintiff sent various reminders through phone calls and emails to the
defendant to clear the outstanding amount, however, defendant failed to
clear the outstanding amount.
8. On 2nd April, 2014, plaintiff received an email from the defendant
alleging that certain line items of purchase order had been cancelled.
Plaintiff responded to the aforementioned email vide email dated 7 th April,
2014 whereby he categorically stated since the licenses were generated in
the name of the defendant and plaintiff had made the payment towards the
licenses to Microsoft, defendant was required to honor the invoice.
Thereafter, vide email dated 18th April, 2014, again plaintiff demanded the
outstanding dues but there was no response.
9. Since the defendant was avoiding to make the payment, plaintiff sent
a legal notice dated 23rd January, 2015. Defendant replied to the notice vide
reply dated 17th February, 2015 denying the payment to the plaintiff.
10. To substantiate the averments made in the plaint, plaintiff has placed
reliance on the following documents:
i. Board Resolution in favour of Mr. Jayant Kumar Thakur
ii. Purchase order and proposal
iii. Invoice no. 7570094559 dated 15th November, 2013
iv. Invoice bearing acknowledgment of the defendant
v. Emails exchanged between the plaintiff and defendant
vi. Emails dated 2nd April, 2014, 7th April, 2014 and 18th April,
2014 exchanged between the plaintiff and defendant
vii. Legal notice dated 23rd January, 2015
viii. Reply dated 17th February, 2015 to the legal notice
ix. Payment advice dated 23rd January, 2014 along with part
payment by the defendant through cheque in favour of the
plaintiff.
11. An affidavit dated 18th July, 2016 has been filed with respect to the
aforementioned documents in compliance with Section 65B of Indian
Evidence Act, 1872.
12. Since the averments made in the plaint have not been rebutted by the
defendant, they are deemed to have been admitted.
13. Consequently, the suit is decreed in favour of the plaintiff and against
the defendants whereby the defendant is directed to pay a sum of
₹1,38,64,057.89 (Rupees One crore thirty eight lakhs sixty four thousand
fifty seven and paise eighty nine only) to the plaintiff along with interest @
9% p.a. from the date of institution of the suit till the date of realization of
decretal amount. Decree sheet be drawn accordingly.
(MUKTA GUPTA)
JUDGE
OCTOBER 13, 2017
'ga/Anu'
