Final Order 7

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. AAKASH SHARMA: CIVIL JUDGE -02
(CENTRAL), TIS HAZARI COURTS, DELHI.
CS SCJ No. 1478/2025
In the matter of : -
TARUN FRIEGHT FORWARDER
Through its proprietor,
Sh. Tarun Channa,
Office at 7681, Ground Floor, Gali No.2,
Ram Nagar, Pahar Ganj, Delhi-110055
.... Plaintiff
VERSUS
RAJVEER EXPRESS CARGO PVT LTD
301,Plot No. 13-40-41, Shivleea Apartment,
Sector-09, Divagaon, Airoli Navi Mumbai,
Maharashtra-400708
....Defendant
Date of Institution: 08.08.2025
Date of reserving the judgment: 20.02.2026
Date of Judgment: 25.03.2026
JUDGMENT UNDER ORDER 37 RULE 2(3) C.P.C.
(Summary Suit for Recovery of Rs.1,44,440/- with pendente-lite and
future interest @24% per annum till its realization under Order 37 C.P.C.)
1. The present summary suit has been filed by the plaintiff under
Order 37 Rule 2 CPC against the defendant for recovery of Rs.1,44,440/-
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with pendente-lite and future interest @24% per annum till its realization.
Summons of the suit were issued to the defendant as per the prescribed
proforma under Section 37 Rule 2 C.P.C. which were received back served
upon the defendant vide e-mode i.e. whatsapp on both the numbers of the
defendant on 04.12.2025 with report of double ticks as observed in the
order dated 20.02.2026, which was held valid service. Despite service, the
defendant did not enter his apperance in terms of Order 37 Rule 2(3) C.P.C.
Hence, the plaintiff is entitled for judgment as per provisions of Order 37
CPC.
2. Briefly stated, it is the case of the plaintiff that the plaintiff is a
proprietor firm running under the name and style of “Tarun Freight
Forwarder” and is providing logistics services to its customers. That the
defendant is one of the customer of the plaintiff who has business relation
with the plaintiff since 2021. That the plaintiff and defendant are in
business terms since 2021 wherein plaintiff used to provide logistics
services to the defendant. That during the tenure from 2021 to till date, the
defendant continuously availed the logistics services from the plaintiff.
That the defendant availed the logistics services from the plaintiff on credit
basis on the assurance that once the consignment was delivered and
received by the defendant’s customer, he will pay the outstanding amount.
That the defendant availed the logistics services from the plaintiff on
31.10.2022 for Rs.93,445/- invoice bearing no. TFF/170/2022-23, then on
30.11.2022 for Rs.45,955/- invoice bearing no. TFF/207/2022-23, and on
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31.12.2022 for Rs.5,040/- vide invoice bearing no. TFF/267/2022-23. That
the plaintiff delivered all the consignment of the defendant on their
respective dates i.e. 31.10.2022, 30.11.2022 and 31.12.2022 for which
invoice was duly shared with the defendant. That the plaintiff has paid GST
on all the invoices of the services availed by the defendant vide its GST
No. 27AAJCR2596Q1ZE.
2.1 It is further stated that the defendant duly acknowledged the
delivery of consignment to its customer to plaintiff through telephone and
assured the plaintiff that he will pay the total outstanding amount of
Rs.1,44,440/-. That the plaintiff after one week of delivery of consignment
requested the defendant to pay the total outstanding amount of
Rs.1,44,440/-, the defendant again requested for some time to pay the
outstanding amount. That after some time, defendant stopped answering the
calls and messages of the plaintiff. That the plaintiff on 16.06.2024 through
his counsel, sent legal notice to the defendant through speed post which
was delivered to the defendant on 21.06.2024. That the suit is filed within
the period of limitation. That this Hon’ble Court has jurisdiction to
entertain, try and adjudicate the present suit as the plaintiff’s registered
office is within the territorial jurisdiction of this Court from where the
defendant placed and availed the logistic service of the plaintiff and further
this Court has pecuniary jurisdiction to entertain the present suit. That the
value of the suit for the purpose of court fees and jurisdiction is
Rs.1,44,440/- which court fees of Rs.3,760/- is paid and affixed with
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present suit. It is therefore, prayed that a decree be passed for recovery of
sum of Rs.1,44,440/- in favour of the plaintiff and against the defendant
alongwith pendente-lite and future interest @ 24% per annum from the
date of the filing of the present suit till its realization as well as costs of the
suit.
3. The relevant rule of Order 37 CPC reads as under :-
“(3) The defendant shall not defend the suit referred to in sub-
rule (1) unless he enters an appearance and in default of his entering an
appearance the allegations in the plaint shall be deemed to be admitted and
the plaintiff shall be entitled to a decree for any sum, not exceeding the sum
mentioned in the summons, together with interest at the rate specified, if
any, up to the date of the decree and such sum for costs as may be
determined by the High Court from time to time by rules made in that
behalf and such decree may be executed forthwith.”
4. The plaintiff has relied upon copy of Aadhar Card; copy of
invoice dated 31.10.2022, copy of invoice dated 30.11.2022 and copy of
invoice dated 31.12.2022; copy of GSTR1; and copy of legal notice dated
16.06.2024. Thus, in view of the evidences filed on record and the
aforesaid rule of Order 37 CPC and considering the material on record, the
allegations made in the plaint are deemed to be admitted and the plaintiff
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has become entitled to a decree.
5. Accordingly, in exercise of powers of sub Rule 3 to rule 2 of
Order 37 CPC, the suit of the plaintiff is, therefore decreed in favour of the
plaintiff and against the defendant who is liable for the following reliefs
awarded in favour of the plaintiff :-
A decree for a sum of Rs. 1,44,440/- alongwith pendente-lite
interest @ 6% per annum from the date of filing of the present suit i.e.
08.08.2025 till the date of decree.
Cost of the suit is also awarded to the plaintiff recoverable
from the defendant.
Decree sheet be prepared accordingly.
File be consigned to Record Room as per rules.
Announced in the open (Aakash Sharma)
court today on 25.03.2026 Civil Judge -02 (Central),
Tis Hazari Courts, Delhi.
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