Delhi District Court
Kamal vs Gyan Prakash on 22 April, 2025
IN THE COURT OF SH. YASHU KHURANA, CIVIL
JUDGE-01, SOUTH EAST DISTRICT, SAKET COURTS,
NEW DELHI
Presided By: Sh. Yashu Khurana, DJS
CS SCJ 169/25
CNR no. DLSE030002782025
MR. KAMAL
S/o Sh. Kehri Nath,
R/o H. No. 192,
Molarband Village, Badarpur,
New Delhi- 110044. .....Plaintiff
Vs.
MR. GYAN PRAKASH
R/o House No. 148,
Molarband Village, Badarpur,
New Delhi- 110044. .....Defendant
Date of institution of Suit : 13.02.2025
Date on which Judgment was reserved : 01.04.2025
Date of pronouncement of the Judgment : 22.04.2025
EX- PARTE JUDGMENT
1.This is a suit under Order 37 CPC, filed by the plaintiff against the defendant for recovery of Rs. 70,000/-, along with pendente lite and future interest @ 24% per annum and costs of the suit.
Digitally
signed by
yashu
yashu khurana
khurana Date:
2025.04.22
15:56:36
+0530
CS SCJ 169/25 KAMAL VS. GYAN PRAKASH Page no. 1 of 5
Brief facts:-
2. Plaintiff is engaged into the business of wedding bands in the marriage in the name of 'Kamal Band Godhi Baggi Wale' at Jaitpur Road. Defendant is also resident of the same locality. On 06.10.2023, defendant approached the plaintiff for booking of one Ghodi (Horse) for Ghurchari, Eleven Man Band, One Baggi with flowers, Six Man Dhol, Seven Man Nasik Bank, Seven Man Sardar Band, and Ten Man Daster for marriage of his real son for Rs.87,000/-. Defendant has paid Rs.17,000/- to the plaintiff as advance. It is stated that, the remaining amount of Rs.70,000/- shall be pay by the defendant to plaintiff on the day of marriage. On 07.12.2023, plaintiff as per the booking of the items has done all the band work on the marriage of the son of the defendant and demanded the remaining amount. Defendant had given assurance and said that he will pay the remaining amount of Rs. 70,000/- at the office of the plaintiff, on the next day. It is claimed that, on 08.12.2023, defendant did not come to the office of the plaintiff. Therefore, plaintiff approached the defendant and demanded the remaining amount but defendant did not give any satisfactory reply and did not pay the remaining amount. Plaintiff served defendant with a legal notice dated 08.01.2025, regarding the outstanding dues, but defendant did not respond. Despite repeated efforts to collect the remaining payment, defendant assured plaintiff that, all dues would be cleared soon, but failed to do so. Hence, the present suit. Digitally signed by yashu yashu khurana khurana Date:
2025.04.22 15:56:41 +0530 CS SCJ 169/25 KAMAL VS. GYAN PRAKASH Page no. 2 of 5
4. Summons as prescribed under Order 37 Rule 2 CPC, Form 4, Appendix B Schedule-1 CPC were directed to be served upon the defendant vide order dated 13.02.2025. The defendant was duly served on 03.03.2025. Thereafter, the defendant had failed to enter his appearance as prescribed under Order 37 Rule 3 (1) CPC.
5. Thus, since the defendant has failed to enter appearance within the stipulated period of time prescribed under Order 37 Rule 3 CPC, therefore, the pleadings of the plaintiff are deemed to be admitted and the claim of the plaintiff as set up in the plaint is also deemed to have been admitted in terms of Order 37 Rule 3(6)(a) CPC and plaintiff is entitled to judgment forthwith.
6. The suit of the plaintiff is based upon the original bill dated 06.10.2023. He has also filed certified copy of legal notice dated 08.01.2025, along with certified copy of postal receipt and tracking report. Thus, the suit of the plaintiff is for recovery of amount of Rs.70,000/-. In support of its claim for recovery of the liquidated amount of Rs.Rs. 70,000/-, plaintiff has relied upon the original bill. Thus, the suit is falls within the purview of Order 37 CPC.
7. The present suit was filed on 13.02.2025 i.e. within the period of 03 years from the date of original bill dated yashu khurana Digitally signed by yashu khurana CS SCJ 169/25 KAMAL VS. GYAN PRAKASH Date: 2025.04.22 Page no. 3 of 5 15:56:45 +0530 06.01.2023 of Rs.70,000/-. Therefore, the present suit has been filed within the prescribed period of limitation of the above mentioned invoice.
8. The suit has been filed within the jurisdiction of this Court as the defendant resides at Molarband, Badarpur, New Delhi, which falls within the jurisdiction of this Court.
9. The plaintiff is, thus, entitled to recover the amount due and payable on the basis of above mentioned original bill dated 06.10.2023 of Rs.70,000/-.
10. The plaintiff has also sought pendente-lite and future interest @ 24% per annum. However, the same is unjust and exorbitant. In the interest of justice, the plaintiff is awarded pendente-lite and future interest @ 10 % per annum from the date of the institution of the present suit till realization.
Relief:-
11. Thus, as a net result of the aforesaid, this suit is decreed in favour of the plaintiff and against the defendant. It is held that the plaintiff is entitled to recover from the defendant the amount of Rs. 70,000/-, along with pendente-lite and future interest at the rate of 10% per annum along with cost of the suit. No order as to costs.
Digitally signed by yashu yashu khurana khurana Date:
2025.04.22 15:56:50 +0530 CS SCJ 169/25 KAMAL VS. GYAN PRAKASH Page no. 4 of 5
12. Original documents, if any, be returned to the rightful claimant against due acknowledgment after receipt of their certified copies on record. No order as to costs.
13. Decree sheet be prepared accordingly.
14. File be consigned to Record-Room after due compliance.
Digitally signed by Pronounced in the open yashu yashu khurana Court on 22.04.2025 khurana Date:
2025.04.22 15:56:54 +0530 (Yashu Khurana) Civil Judge-01, South-East, Saket Courts, New Delhi CS SCJ 169/25 KAMAL VS. GYAN PRAKASH Page no. 5 of 5