Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in
Suit No. 1848 of 2019. 1
MHCC010037912018
Presented on : 19-03-2018.
Registered on : 24-04-2018.
Decided on : 20-08-2024.
Duration : 6 Yr, 5 M, 1 D.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI.
SHORT CAUSE SUIT NO.1848 OF 2019.
Xoriant Solutions Pvt. Ltd. ]
Winchester, 4th Floor, High Street, ]
Hiranandani Business Park, Powai, ]
Mumbai - 400 076.. ] .... Plaintiff.
V/s
Wisdom IT Services Pvt. Ltd. ]
Plot No. 305, 2nd Floor, ]
Besides CGR School, ]
Ayyappa Society, Madhapur, ]
Hyderabad – 500 081. ]….Defendant.
Appearance:
Adv. Ms. Akshay C. Tapkir for the plaintiff.
Defendant -Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Smt. Ashwini V. Kasture.
Judge, CR No. : 59.
Date :20th August, 2024.
JUDGMENT
This is the suit for recovery of a sum of Rs.6,56,077/- (Rs.
-- 1 of 6 --
Judgment in
Suit No. 1848 of 2019. 2
Six Lakh Fifty Six Thousand Seventy Seven only) along with interest at
the rate of 18% p.a. from the date of the suit on principal sum of
Rs.5,76,950/- (Rs. Five Lakh Seventy Six Thousan Nine Hundred Fifty
Only) .
2. The plaintiff is a Private Limited Company duly
incorporated under the Companies Act,1956. The defendant is also a
Private Limited Company having its registered office at Hyderabad. The
defendant is having business of support service for information
technology services. The defendant Company is in need of availing
professional service in the field of Information Technology, therefore,
the defendant Company approached to the plaintiff. Pursuant to the
work order placed by the defendant, the plaintiff accepted the said work
order. It is further contention of the plaintiff that as a part of business
transaction, the defendant used to place an order on plaintiff from time
to time for providing services in relation to its business. The plaintiff on
receipt of such orders is to provide professional service as per work
order and raise invoices on the defendants for its services provided.
The plaintiff on receipt of such orders is to provide professional services
as per work order and raised invoices on the defendant for its services
provided. The plaintiff from time to time raised invoices i.e. i) Invoice
No. XSPL/2014-2015/002 dated 30.04.2014 amounting of Rs.
1,30,646/-, ii) Invoice No. XSPL/2014-2015/046 dated 30.06.2014 of
Rs. 1,36,866/-, iii) Invoice No. XSPL/2014-2015/400 dated 31.07.2014
of Rs.1,36,866/- and iv) Invoice No. XSPL/2014-2015/161 dated
30.11.2014 of Rs. 1,72,572/-. The defendant failed to pay the amount
as per invoice raised by the plaintiff inspite of follow up by the plaintiff
by telephone, fax, mail and letter. Therefore, the plaintiff issued legal
notice dated 04.11.2015 to the defendant demanding the due payment
-- 2 of 6 --
Judgment in
Suit No. 1848 of 2019. 3
i.e. Rs.5,76,950/-(Rs. Five Lakhs Seventy Six Thousand Nine Hundred
Fifty Only). The defendant on receipt of notice made part payment of
Rs.2,67,512/-. (Rs.Two Lakhs Sixty Seven Thousand Five Hundred
Twelve only) The plaintiff has also not received credit of Rs.92,428/-
(Rs.Ninety Two Thousand Four Hundred Twenty Eight only) through
form 26AS for the TDS deducted by the defendant against the invoices
raised on the defendant for December 2013 to November 2014.
Therefore, the suit is filed to recover the said amount with interest at
the rate of 18% p.a.
3. The defendant is duly served with the Writ of Summons,
but it did not appear in the suit. Therefore, the suit proceeded exparte
against the defendant on 16.04.2019.
4. The following points arise for my determination to which
findings have been recorded for the reasons discussed below.:
Sr.
No.
Points Findings
1. Whether plaintiff proves that an
amount of Rs.6,56,077/- is due
and payable by the defendant to
the plaintiff?
..partly in the
affirmative..
2. Whether plaintiff is entitled to
the interest on the above amount
from defendant? If yes, at what
rate?
..Yes..
at the rate of
8%p.a.
3. What order and decree? Suit is partly
decreed.
REASONS
As to Point Nos. 1 to 3:
-- 3 of 6 --
Judgment in
Suit No. 1848 of 2019. 4
5. Heard Ld. advocate for the plaintiff. In order to establish
the suit claim, PW-1 Amol Krishna Borkar-Manager-Finance, filed his
affidavit in lieu of examination-in-chief at Exh.5. The plaintiff relied
upon the documents at Exh.7 to 12 with List of Documents at Exh. 6.
Document at Exh.7 is the True Copy of Resolution dated 04.01.2017
which indicates that the True Copy of Resolution dated
04.01.2017which indicates that there is business transaction between
the parties and plaintiff being registered company is entitled to file the
suit for recovery of an amount.
6. The document at Exh.8(colly) are copies of Invoices vide
Invoice No.XSPL/2014-2015/002, dated 30.04.2014, No. XSPL/2014-
2015/048, dated 30.06.2014, No.XSPL/2014-2015/400 dated
31.07.2014 and No. XSPL/2014-2015/161 dated 30.11.2014 evincing
that the plaintiff has providing Professional service for Information
Technology to the defendant-Company. The document at Exh.9(colly) is
a legal notice issued by the plaintiff on the defendant through its
advocate for non payment of his service.
7. The plaintiff has produced the printouts of email at Exh.11
(colly) which were sent by plaintiff to the defendant for payment of
dues with reminders from time to time. This shows that plaintiff has
given reminder to the defendant about its dues. The suit claim is for
aggregate amount outstanding from the defendant against the
professional service provided by the plaintiff.
8. The document at Exh. 12 (colly) is the Certificate under
Section 65 B of Mr. Deepak Bhandarkar along with Authority Letter. On
receipt of legal notice dated 04.11.2015 (Exh.9), the defendant has paid
an amount of Rs. 2,67,512/- (Rs.Two Lakh Sixty Seven Thousand Five
-- 4 of 6 --
Judgment in
Suit No. 1848 of 2019. 5
Hundred Twelve). But the legal notice dated 09.02.2016 is neglected by
the defendant. Last service transaction to defendant has taken place in
the month of November, 2014. The last payment received by plaintiff on
27.11.2015. The suit is lodged on 19.03.2018 and thus, it is within
limitation. Therefore, the plaintiff is entitled to recover the outstanding
amount from the defendant.
9. As regards the rate of the interest from the date of the suit,
in my view, the rate of interest claimed by the plaintiff is excessive and
the same can be restricted to 8% p.a. from the date of the suit on
amount of Rs. 3,09,438/-. (Rs.Three Lakh Nine Thousand Four Hundred
Thirty Eight only) Therefore, point Nos. 1 & 2 are answered in the
affirmative and following order is passed :
ORDER
1. The Suit No. 1848/2019 is partly decreed with costs
2. The defendant shall pay an amount of Rs.3,09,438/- (Rs.
Three Lakh Nine Thousand Four Hundred Thirty Eight
only) to the plaintiff with interest at the rate of 8% p.a.
from the date of the suit.
3. The decree be drawn up accordingly.
4. The Suit no 1848/2019 is disposed off accordingly.
(A.V. Kasture)
Judge,
City Civil and Sessions Court
Date.:20.08.2024 Greater Bombay (CR 59).
Declared on : 20.08.2024.
Direct Typed on : 20.08.2024.
Checked on : 21.08.2024
Signed on :
-- 5 of 6 --
Judgment in
Suit No. 1848 of 2019. 6
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.08.2024 at 1.37 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Smt. A. V. Kasture,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 20.08.2024
Order signed by P.O. on 20.08.2024
order uploaded on 21.08.2024.
-- 6 of 6 --