Delhi High Court
M/S Sconce Global Pvt Ltd vs M/S Real Video Impact Pvt Ltd on 3 October, 2018
$~OS-4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03.10.2018
+ CS(COMM) 539/2017
M/S SCONCE GLOBAL PVT LTD ..... Plaintiff
Through Mr.Amar Khera and Mr. Ashok Kr.
Bharti, Advs.
Versus
M/S REAL VIDEO IMPACT PVT LTD ..... Defendant
Through Defendant is ex- parte
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
1. This is a suit for recovery of a sum of Rs. 3,37,03,196/- (Rupees Three
Crore Thirty Seven Lakhs Three Thousand One Hundred Ninety Six) from
the defendant with pendent lite and future interest @ 18% per annum. Other
connected reliefs are also sought.
2. Notices of the suit were duly served to the defendant. Learned Counsel
for the defendant entered appearance but no written statement was filed
despite being given sufficient amount of time. Hence, the defendant has been
proceeded ex-parte by virtue of the order of this court dated 23.05.2018.
Thereafter plaintiff has led its ex parte evidence by filing an affidavit by way
of evidence of one Mr. Ravinder Soni s/o Shri Wazir Chand Soni the
Director with the Plaintiff Company. Exhibits PW 1/1 to PW1/12 have also
been exhibited. All these documents were filed along with the affidavit by
way of evidence.
3. Essentially, the case of the plaintiff is that the defendant company had
approached the plaintiff company for fabrication, installation, designing and
for interior work for the Chroma Studio for Defendants' telecasting
unit/project, namely, TV News at its office located at the 10 th Floor,
Vankarath Tower, N H Bye Pass, Junction, Padivattom, Kochi-682024. An
agreement/work order was executed dated 01.10.2013 (herein referred as
"the said agreement"). The said agreement duly reflects that the total cost of
the project is Rs. 4,94,36,522/- (compromising of Rs. 4,36,36,522/- towards
the cost of fabrication & installation and Rs.58,00,000/- toward cost of
designing, consultancy and project management). Subsequently, the
addendum to the said agreement was executed between the parties on
26.07.2014, whereby the parties accepted the terms and conditions of the
said agreement.
4. The defendant company after acknowledging its satisfaction in
execution of the said agreement released a partial payment of
Rs.2,75,00,000/- leaving a balance of Rs. 2,19,36,522/- towards principle
debt.
5. Various follow ups were initiated by the plaintiff company for the
payment of the principle debt. Legal Notices were also served to the
defendant company at its registered office on 17.08.2016 and 24.02.2017
towards the balance payment but till date the defendant has maintained
silence.
6. Thus, this present suit is filed by the plaintiff for recovery of the said
amount of Rs. 3,37,03,196/- (i.e. Rs. 2,19,36,522/- towards principle debt,
Interest of Rs. 1,15,16,674/- @ 18% for the period of 01.08.2014 to
30.06.2017 and Legal Cost of Rs. 2,50,000/-).
7. I have heard the learned counsel for the plaintiff and have examined
the contents of the plaint, the documents placed on record and the Ex-parte
evidence recorded.
8. The plaintiff has led its ex parte evidence by filing an affidavit by way
of evidence of one Mr. Ravinder Soni s/o Shri Wazir Chand Soni as PW1
who is the Director/AR of the Plaintiff Company. He has affirmed the
content of the plaint to be true and correct. In his evidence he has stated that
the parties had entered into an agreement dated 01.10.2013 for fabrication,
installation, designing and interior for the Chroma Studio for Defendants'
telecasting unit/project, namely, TV News at its office located at the 10 th
Floor, Vankarath Tower, N H Bye Pass, Junction, Padivattom, Kochi-
682024. The said agreement is marked as Ex. PW 1/3. Thereafter an
Addendum was also entered between the parties on 26.07.2014 which is
marked as Ex. PW 1/4. It is further stated that the entire supply/installation
work and service mentioned in the said agreement is verified by the
documents of The Commercial Tax Officer (Works Contract), Ernakulam
that is marked as Ex. PW 1/5. The Ledger Statement showing
debt/outstanding position of the defendant company to the tune of
Rs. 2,19,36,522/- as stated in the books of Plaintiff Company is marked as
Ex PW 1/6. Various other documents supporting PW1 evidence are marked
as Ex. PW 1/7 to Ex. PW 1/12.
9. A perusal of the pleadings and the evidence on record makes it clear
that the plaintiff has completed its obligations under the agreement/work
order dated 01.10.2013. The defendant has failed to pay the dues of the
plaintiff.
10. In view of the above, accordingly, a decree is passed in favour of the
plaintiff and against the defendant for a sum of Rs.3,37,03,196/-. The
plaintiff shall be entitled to pendente lite interest @ 10% per annum from the
date of filing of the suit till the decree. The plaintiff shall also be entitled to
future interest @ 12% per annum from the date of decree till recovery. The
plaintiff shall also be entitled to cost.
11. The suit and all pending applications, if any, stand disposed of.
JAYANT NATH, J.
OCTOBER 03, 2018/SS
corrected & released on:17.11.2018
