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PURUSHAINDRA KUMAR KAURAV
JAIN COOPERATIVE BANK LTD. – Appellant
Versus
BSA CITI COURIERS PVT. LTD. – Respondent
JUDGMENT :
PURUSHAINDRA KUMAR KAURAV, J.
1. The appeal is directed against the impugned judgment and decree dated 25.03.2023, passed by the learned Additional District Judge-08, Central District, Tis Hazari Court, Delhi, dismissing the Regular First Appeal, preferred by the appellant-defendant, against the judgment and decree dated 30.03.2017, in Civil Suit No. 597707/2016 by the learned Civil Judge-05, Central District, Tis Hazari Court, whereby, the Civil Suit filed by respondent-plaintiff for recovery of Rs. 1,76,128/- along with interest, was decreed.
2. The facts of the case would indicate that the appellant-defendant is a Bank located in Delhi, while the respondent-plaintiff is a company engaged in courier and delivery services. According to the findings of the Trial Court, the appellant-defendant engaged the services of the respondent-plaintiff for delivering packets and consignments to its clients. The parties had agreed upon specific charges for each delivery, which were consistently reflected in the invoices raised by the respondent-plaintiff. Upon receipt of these invoices, the appellant-defendant would process and release the payment to the respondent-plaintiff.
3. It is th
The court upheld the concurrent findings of fact regarding the appellant's failure to prove non-delivery, affirming the respondent's entitlement to payment.
Failure to provide sufficient evidence of delivery and substantiate claims leads to dismissal of recovery suit.
The respondent must prove the existence of a special business practice, and mis-description in the plaint does not necessarily result in non-suit.
The plaintiff's failure to disprove the receipts provided by the defendant led to the dismissal of the suit.
The court emphasized the importance of efficiency and expediency in arbitral proceedings and upheld the Tribunal's assessment of evidence based on the relevant legal provisions.
Summary suits based on invoices are maintainable when liability is acknowledged, and defenses presented must be genuine and substantial.
The failure to present oneself for cross-examination gives rise to adverse inference, and the evidence of the defendants was considered unreliable.
The duty of the Plaintiff to maintain proper track records, invoices, delivery challans, vouchers, and other documentary proof in transportation business.
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