Delhi District Court
Mrs. Sharda Jain Kothari vs M/S Santosh Wire Industries on 7 April, 2016
1
In the court of Ms. Sonam Singh, Civil Judge-05, Central District, Tis Hazari
Courts, Delhi.
CS No. 577/14
Unique ID No. 02401C01C0357012014
Mrs. Sharda Jain Kothari
W/o Sh. Harsh Vardhan Kothari
R/o 17-B, Sandeep House,
New Colony, Model Basti,
Delhi-110005 ..........Plaintiff
Versus
1.M/S Santosh Wire Industries C-6, Site-2, Loni Road Industrial Area Mohan Nagar, Ghaziabad (UP)
2. Sh. Neeraj Singhal
3. Sh. Sanjay Singhal Both Partners of:
M/S Santosh Wire Industries 9-154A, Sector-3, Rajender Nagar Sahibabad, Ghaziabad (UP) ........Defendants Suit No. 577/14 Mrs. Sharda Jain Kothari Vs. M/s Santosh Wire Industries 2 Date of Institution: 31.07.2014 Date of final Decision:07.04.2016 Ex-Parte Judgment:
1. The present suit is for recovery of Rs. 65,525/- along with pendente lite and future interest @ 16.2% per annum.
2. As per the plaint, the Plaintiff averred that he was approached by the Defendant no. 2 and 3 who are partners of Defendant no. 1 for financial assistance of Rs. 6,00,000/-, as they were in urgent need of funds for their business liability. Further, the Plaintiff averred that since her husband had friendly relations and she believed their representation to be true and provided Rs. 6,00,000/-vide cheque No. 896899 dated 16.02.2012, drawn on State Bank of Patiala, Model Basti, Delhi payable in favour of Defendant no. 1, the partnership firm. Moreover, the Plaintiff averred that the Defendant no. 2 assured to pay interest @ 16.20% per annum to the Plaintiff.
3. It is the case of the Plaintiff that the Defendants have failed to repay the amount and cheque no. 801707 dated 02.08.2012 for Rs. 6,00,000/- drawn on Punjab National Bank, Ghaziabad was also dishonored due to insufficient funds. Further, the Plaintiff averred that after persistent requests, part payment of Rs. 5,50,000/-was paid towards the principal amount but the Defendants failed in paying the remaining amount along with interest i.e. Rs. 50,000/-towards principal amount and interest upto date @ 16.20% per annum.
4. The Plaintiff averred that he served legal notice dated 30.01.2014 upon the Suit No. 577/14 Mrs. Sharda Jain Kothari Vs. M/s Santosh Wire Industries 3 Defendants but Defendants did not comply with the notice.
Thus, the Plaintiff has prayed for the recovery of outstanding principal amount of Rs. 50,000/-and Rs. 15,525/- towards interest @ 16.20% per annum w.e.f. 1 st August 2012 upto the filing of the present suit and also claims future and pendente lite interest.
5. It is pertinent to observe that the Defendants stopped appearing and vide order dated 30.05.2015, they were proceeded ex-parte.
6. Plaintiff in support of her case has placed on record affidavit in evidence Ex PW- 1/1 and relied upon the following documents i.e. receipt and promissory note dated 17.12.2012 Ex PW-1/A, legal notice dated 30.01.2014 upon the Defendants Ex PW- 1/B, speed post receipt, courier receipt with POD Ex PW-1/C to Ex PW-1/E and returned envelope Ex PW-1/F. Plaintiff has further examined the summoned witness, Sh. Vijay Kumar, Head Peon, State Bank of Patiyala, Model Basti, New Delhi and relied upon documents i.e. statement of accounts from period, 18.02.2012 to 31.08.2012 Ex PW-2/A (colly).
7. I have heard Ld. Counsel for the Plaintiff and perused the record carefully.
8. The only issue which is to be determined, is whether the Plaintiff is entitled to the recovery of sum of Rs. 65,525/-along with pendente lite and future interest @ 16.20% per annum.
9. The Plaintiff in order to prove her case has placed on record a receipt and promissory note dated 17.12.2012 executed by Defendant no. 3 on behalf of Suit No. 577/14 Mrs. Sharda Jain Kothari Vs. M/s Santosh Wire Industries 4 Defendant no. 1 for the sum of Rs. 6,00,000/-. Further, the Plaintiff stated that the Defendants made part payment of Rs. 5,50,000/-through RTGS dated 07.08.2012 in two parts towards principal amount. Moreover, the Plaintiff stated that the remaining amount along with interest was not paid and thus, the Defendants are liable to pay Rs. 50,000/-towards principal amount and interest upto filing of present suit @ 16.20% per annum i.e. Rs. 15,525/-.
As testimony of the Plaintiff goes unrebutted and unchallenged, I find no ground to disbelieve the same. The Plaintiff has placed on record promissory note of Rs. 6,00,000/- Ex. PW-1/A executed by Defendant no. 3 on behalf of Defendant no. 1 in favour of Plaintiff. Further, Ex. PW-2/A (Colly) which is the statement of account maintained by the Plaintiff, it is shown that on 18.02.2012, the account of the Plaintiff was debited with an amount of Rs. 6,00,000/-. Further, the statement of account also reveals that the account of the Plaintiff was credited by way of RTGS with an amount of Rs. 3,50,000/- on 06.08.2012 and Rs. 2,00,000/- on 07.08.2012. In view of the same, Plaintiff is entitled to recover a sum of Rs. 65,525/- along with pendente lite and future interest @ 16.20%.
10. As far as the interest the interest is concerned, nothing has been brought on record to show that the Plaintiff is entitled to interest @ 16.20 % per annum. The court is of the opinion that interest of justice would be met, in case Plaintiff is awarded interest rate of 10% per annum, as the loan was advanced on the basis of friendly relations.
Thus, the Plaintiff is entitled to recover a sum of Rs. 65,525/- along with pendente lite and future interest @ 10% per annum from the Defendants.
Relief Suit of the Plaintiff is decreed with cost. Plaintiff is entitled to recover a sum of Rs.
Suit No. 577/14 Mrs. Sharda Jain Kothari Vs. M/s Santosh Wire Industries 5 65,525/- from the Defendant along with pendente lite and future interest @ 10% per annum. Decree-sheet be prepared accordingly.
File be consigned to record room after due compliance.
Pronounced in the open Court on 07.04.2016.
(Sonam Singh ) Civil Judge-05, Central District Tis Hazari Courts,Delhi Present judgment is consisted of 5 pages and each page is signed by me.
Suit No. 577/14 Mrs. Sharda Jain Kothari Vs. M/s Santosh Wire Industries