Delhi District Court
Pooja Mittal & Another vs . M/S Welcome World Electricals Pvt. ... on 10 July, 2014
Pooja Mittal & Another Vs. M/s Welcome World Electricals Pvt. Ltd. & Another
IN THE COURT OF SH. AJAY PANDEY, ADDL. DISTRICT JUDGE05,
ROOM NO. 605, SOUTH DISTRICT, SAKET COURTS, NEW DELHI
In the matter of
Suit No. 107/14
Case ID No. 02406C0338502013
1. Pooja Mittal
2. Alka Mittal
Both Partners of :
M/s Industrial Piping Products
(Through their SPA)
3242, Ist Floor, Baba Baijnath Market,
Gali Peepal Mahadev, Hauz Qazi,
Delhi110006.
.............Plaintiffs
Versus
1. M/s Welcome World Electrical Pvt. Ltd.
Through its Director
T1 & T5, Anupam Plaza,
56/1, Kalusarai, Aurobindo Marg,
Hauz Khas, New Delhi110016.
2. Sh. Rajeev Ranjan, Director
M/s Welcome World Electrical Pvt. Ltd.
47A, Second Floor, Arjun Nagar,
Safdarjung Enclave, Near Kamal Cinema,
New Delhi110029.
..............Defendants
Date of Institution : 07.12.2013
Date of reserving the Judgment : Oral
Date of pronouncement : 10.07.2014
Decision : Decreed
SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE,
1908 FOR RECOVERY OF RS.9,03,725/ (RUPEES NINE LAKHS
THREE THOUSAND SEVEN HUNDRED TWENTY FIVE ONLY)
ALONGWITH INTEREST PENDENTELITE AND FUTURE TILL
REALIZATION
Suit No.107/14 Page 1 of 5
Pooja Mittal & Another Vs. M/s Welcome World Electricals Pvt. Ltd. & Another
JUDGMENT (ORAL)
1. This is suit for recovery of Rs.9,03,725/ (Rupees Nine Lakhs Three Thousand Seven Hundred Twenty Five Only) instituted by the plaintiff under the summary procedure enshrined under Order XXXVII of the Code of Civil Procedure, 1908.
2. The version of the plaintiffs is that plaintiffs are partners of a partnership firm duly registered under the Partnership Act and dealing with trading of steel material such as steel pipes, pipe fittings, metal and steel materials and other industrial tools and workshop equipments. Sh. Nimesh Mittal is the authorized representative of plaintiffs and has been authorized by partners of the firm vide SPA dated 26.11.2013 to sign, file, verify and institute the present suit and to pursue the same for and on behalf of the plaintiffs.
3. It is averred that the defendants were having the business dealing with the plaintiffs since long time. Defendant No.1 through defendant No.2 and its representatives used to place the orders for purchase of various items/equipments/industrial tools from time to time with the plaintiffs and plaintiffs used to issue the bills agianst the purchase made by defendants. Defendants used to purchase the goods on credit basis as well as on cash basis and some times used to make the part payment against the bills as per normal course of business. Plaintiffs maintain a current running and opening account of all the purchases made by defendants, Suit No.107/14 Page 2 of 5 Pooja Mittal & Another Vs. M/s Welcome World Electricals Pvt. Ltd. & Another payments were received by plaintiffs against some outstanding amount from time to time.
4. It is further averred that as per statement of account maintained by plaintiffs, there is an outstanding amout of Rs.9,03,725/ (Rupees Nine Lakhs Three Thousand Seven Hundred Twenty Five Only) for the financial year ending 2012. Defendants in discharge of their part liability towards plaintiffs issued a cheque bearing No.569559 dated 17.02.2012 drawn on Central Bank of India, Green Park, New Delhi for a sum of Rs.6,00,000/ (Rupees Six Lakhs Only) with an assurance that the balance amount would be cleared within a short span of time. Plaintiffs had initiated the legal action against the defendants in respect of dishonouring of the cheque.
5. It is again averred that defendants had already issued a cheque bearing No.735752 drawn on ICICI Bank, Green Park, New Delhi to plaintiff against the security and defendants had instructed the plaintiffs to fill up the outstanding amount of Rs.9,03,725/ (Rupees Nine Lakhs Three Thousand Seven Hundred Twenty Five Only) therein to encash the said cheque in lieu of their total outstanding liability towards the plaintiffs and as such plaintiffs filled up the amount and presented the same for its encashment on due date but to the utter shock of plaintiffs the aforesaid cheque got dishonoured vide Memo dated 01.03.2012 with remark "INSUFFICIENT FUNDS". Thereafter, plaintiffs issued a legal notice dated 21.03.2012 to defendants but to no avail.
Suit No.107/14 Page 3 of 5Pooja Mittal & Another Vs. M/s Welcome World Electricals Pvt. Ltd. & Another Hence, the present suit.
6. Summons for appearance in the proforma prescribed under Order XXXVII Code of Civil Procedure were duly served on the defendants for appearance by way of affixation on 15.03.2014. The defendants failed to file appearance within stipulated period of 10 days. Even no application was preferred later on till 9/10.07.2014.
7. I have heard the counsel for the plaintiffs and have gone through the record.
8. The present suit has been filed on the basis of cheque issued by the defendants. Certified copy of cheque along with returning memo has been filed. The suit is maintainable under Order XXXVII of Code of Civil Procedure, 1908. Since, no appearance has been filed by the defendants within the statutory period despite service, the defendants are deemed to have admitted the claim of the plaintiff and plaintiff is entitled to a decree forthwith under Order XXXVII Rule 2(3) of the Code of Civil Procedure, 1908.
9. In these facts and circumstances, suit of the plaintiffs is decreed for an amount of Rs.9,03,725/ (Rupees Nine Lakhs Three Thousand Seven Hundred Twenty Five Only) against the defendants which shall form principal/ decretal sum adjudged alongwith pendente lite interest @ 12% p.a. on the decretal sum Suit No.107/14 Page 4 of 5 Pooja Mittal & Another Vs. M/s Welcome World Electricals Pvt. Ltd. & Another adjudged from the date of institution of the suit till the date of decree. The plaintiff are also awarded the cost of the suit.
10. Decree sheet be prepared accordingly. Thereafter, file be con signed to record room.
Announced in the open (AJAY PANDEY)
Court on 10.07.2014 ADJ05 (SOUTH DISTRICT)
(Judgment contains 5 pages) SAKET COURTS, NEW DELHI
Suit No.107/14 Page 5 of 5