Delhi District Court
Uphar Finvest Limited vs (1) Mrs. Jyoti Khurana on 3 January, 2019
Page no. 1 of 6
IN THE COURT OF SH. SUSHIL ANUJ TYAGI,
JSCC CUMASCJCUMGUARDIAN JUDGE,
DISTRICT: SOUTHEAST, NEW DELHI.
CIVIL SUIT NO. 542/2018
IN THE MATTER OF:
UPHAR FINVEST LIMITED
Having Office at:
402404, Sheetala House, 7374, 4th Floor,
Nehru Place, New Delhi110019.
........PLAINTIFF
VERSUS
(1) Mrs. Jyoti Khurana
W/o Sh. Mukesh Khurana
R/o H.No. 9813, Gali no.8,
Multani Dhanda, Paharganj,
New Delhi110055.
(2) Mr. Ram Kumar
S/o Sh. Rajender
R/o H.No. 9700, Gali No.10,
Multani Dhanda, Paharganj,
New Delhi110055.
.......DEFENDANT
Date of Institution : 01.05.2018
Date of reserving order : 07.12.2018
Date of Judgment : 03.01.2019
Civil Suit no. 542/2018 (Sushil Anuj Tyagi)
Uphar Finvest Limited JSCC cumASCJcumGJ
VS. South East, Saket Courts/03.01.2019
Jyoti Khurana & Anr.
Page no. 2 of 6
EXPARTE JUDGMENT:
1.This is a suit filed by the plaintiff against the defendant for recovery of Rs. 1,21,729/ alongwith interest @ 18 % p.a from the due date till realization along with costs.
2. The case of the plaintiff is that it is a company duly registered with Registrar of the Companies Act as per the provision of the Companies Act, 1956 and being duly registered as NonBanking Financial Institution with Reserve Bank of India, is having its business of leasing and financing the vehicles and consumer durable goods along with other finance facilities/personal loan to its clients, under the monthly or daily installments collection schemes.
3. It is alleged that the defendants approached the plaintiff and availed the facility of finance for the purchase of ERickshaw under the Loan Hypothecation Agreement No. ER01214 dated 02.08.2016 for a sum of Rs. 70,000/ and after due execution of the necessary documents and said agreement, the plaintiff released the payment of Rs. 4,25,000/ vide Civil Suit no. 542/2018 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/03.01.2019 Jyoti Khurana & Anr.
Page no. 3 of 6 consolidated cheque (bearing no. 008752 dated 04.08.2016 drawn on City Union Bank, Janakpuri, New Delhi) in favour of the "United Automotive", New Delhi110005 out of which Rs. 70,000/ at the behest of the defendants, accordingly the defendant no. 1 received the above said product from the dealer. The payment schedule under the said agreement was on the basis of monthly installments of Rs. 7,000 X 12 from 10.09.2016 to10.08.2017. It is alleged that defendants, after paying a single installment of Rs. 14,000/ did not make any further payments to the plaintiff and they lastly paid the scheduled monthly installment in December, 2016. Thereafter, the plaintiff sent an outstanding notice dated 15.01.2018 to the defendants for recovery of the outstanding amount of Rs. 1,17,467/ but the defendants failed to clear the outstanding dues despite the service of the said letter. The plaintiff, under these circumstances, when no payment was received from the defendants, was compelled to sent a legal notice dated 15.02.2018. However, the defendant no. 1 after receiving the aforesaid notice failed to clear the outstanding dues and hence the present suit.
Civil Suit no. 542/2018 (Sushil Anuj Tyagi)
Uphar Finvest Limited JSCC cumASCJcumGJ
VS. South East, Saket Courts/03.01.2019
Jyoti Khurana & Anr.
Page no. 4 of 6
4. Summons were served upon the defendants but despite service of summons, the defendants did not appear and were proceeded against ex parte vide order dated 27.07.2018.
5. AR for the plaintiff Rajender Singh Yadav has led exparte evidence by way of affidavit Ex.PW1/1 wherein AR for the plaintiff has reiterated the averments made in the plaint. He has proved the following documents: Sl. Exhibits Documents no.
1. Ex.PW1/A Original copy of board resolution
2. Ex.PW1/B (OSR) Copy of GPA
3. Ex.PW1/C (OSR) Copy of certificate for Commencement of Business
4. Ex.PW1/D (OSR) Copy of certificate of incorporation
5. Ex.PW1/E (OSR) Copy of certificate of registration
6. Ex.PW1/F (colly) Original Loan Agreement
7. Ex.PW1/G Computer generated copy of bank statement issued by City Union Bank
8. Ex.PW1/H Original Invoice dated 02.08.2016
9. Ex.PW1/I (colly) Original Recovery notice dated 15.01.2018
10. Ex.PW1/J Computer generated plaintiff company statement Civil Suit no. 542/2018 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/03.01.2019 Jyoti Khurana & Anr.
Page no. 5 of 6
11. Ex.PW1/K Original Certificate u/s 65B of the Indian Evidence Act
12. Ex.PW1/L (colly) Legal notice dated 15.02.2018
6. Thereafter, Plaintiff Evidence was closed.
7. I have heard the arguments advanced by Ld counsel for the plaintiff and perused the material available on record.
8. The plaintiff has averred that an amount of Rs. 1,21,729/ is due and payable by the defendants to the plaintiff. To prove the same, the AR of the plaintiff has examined himself through affidavit Ex.PW1/1 and has proved the relevant documents as EX.PW1/A to Ex.PW1/L(colly).
9. The suit of the plaintiff remains uncontroverted and unrebutted as none has appeared on behalf of defendants to cross examine the plaintiff's witness. Hence, all the averments made in the plaint are deemed to be admitted and documents placed on record stand duly proved. Further, the suit of the plaintiff is within the territorial jurisdiction of this court and within prescribed period of limitation as per the Limitation Civil Suit no. 542/2018 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/03.01.2019 Jyoti Khurana & Anr.
Page no. 6 of 6 Act. However, interest @ 18 % p.a is excessive. In my opinion, interest @ 9% p.a shall serve the ends of justice.
10. In the light of oral and documentary evidence on record, the suit is decreed in favour of the plaintiff and against the defendants, for a sum of Rs.1,21,729/ alongwith interest @ 9 % p.a from the date of filing of suit till its realization.
11. Costs of suit are also awarded in favour of the plaintiff.
12. Decree sheet be drawn accordingly.
13. File be consigned to record room, after due compliance. Announced in the open court (Sushil Anuj Tyagi) today i.e on 03.01.2019 JSCCcumASCJcumGJ South East, Saket Courts:New Delhi Civil Suit no. 542/2018 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/03.01.2019 Jyoti Khurana & Anr.