Delhi District Court
Arshad Idrisi vs Mohd. Abdulla Harish on 7 January, 2025
IN THE COURT OF MS. POORVA MEHRA
CIVIL JUDGE-02, SOUTH-EAST DISTRICT,
SAKET COURTS, NEW DELHI
CS SCJ 1347/2020
ARSHAD IDRISI VS. MOHD. ABDULLA HARISH
In the matter of: -
Mr. Arshad Idrisi
S/o. Mohd. Abdulla Idrisi
R/o. 28-N/10K, Zameer Nagar,
Karamat Ki Chowki Kareli,
Prayagraj, U.P.-211016. ................Plaintiff
Vs.
Mohd. Abdulla Harish
S/o. Mr. Sabir Hussain
R/o. A-241, First Floor,
New Friends Colony,
South Delhi-110025. .............Defendant
SUIT FOR RECOVERY
Date of institution of the suit : 19.12.2020
Judgment reserved on : 19.09.2024
Date of judgment : 07.01.2025
CS SCJ 1347/20 Poorva Mehra
Arshad Idrisi Vs. Mohd. Abdulla Harish Civil Judge-02/SED
Page no. 1 of 8 Saket Court, ND/07.01.2025
JUDGMENT
1. Vide this judgment, I shall decide the present suit for recovery of Rs.2,70,000/- (Rupees Two Lacs Seventy Thousand Only) alongwith interest @ 24% per annum since 14.04.2018 till its realization and costs, filed by Plaintiff against Defendant.
BRIEF FACTS AS PER THE PLAINT: -
2. It is the suit of Plaintiff that Plaintiff's father and Defendant's father were known to each other and have friendly and family relations with the families of each other, therefore, Plaintiff and Defendant are known to each other since long time.
3. In the month of January 2018, Plaintiff was in Oman and working there for his livelihood. Defendant approached the Plaintiff with a proposal for starting up a new business of computer institution for teaching computer classes for which Defendant proposed the Plaintiff for preparing infrastructure and other expenses for the institution required some initial amount of Rs.6,00,000/-. Out of which, Rs.3,00,000/- being invested by Defendant and approximate Rs.3,00,000/- be invested by Plaintiff. During the said period, Plaintiff was in Oman for work purposes and wanted to do some work in India as well, therefore, Plaintiff accepted the proposal given by Defendant.
CS SCJ 1347/20 Poorva Mehra Arshad Idrisi Vs. Mohd. Abdulla Harish Civil Judge-02/SED Page no. 2 of 8 Saket Court, ND/07.01.2025
4. It is submitted that due to business purposes, Plaintiff transferred the amount of Rs.1,00,000/- on 14.01.2018; Rs.1,00,000/- on 30.01.2018; Rs.50,000/- & Rs.20,000/- on 14.04.2018 through NEFT. Plaintiff transferred a total sum of Rs.2,70,000/- to the Defendant's account for starting up a new work/ business as proposed by Defendant.
5. It is averred that after transferring the said amount, Plaintiff asked Defendant many times to send the picture as well as bill as how and where the institution was setup. But, Defendant did not respond to Plaintiff properly and never sent any picture or details regarding the institute and never showed the bills where amount was used by Defendant for the business purpose.
6. In July 2018, Plaintiff returned from Oman to Delhi and visited the place i.e. Fatehgarh on 04.09.2018 where the Defendant promised to initiate the business and joint business was being run. But, Plaintiff saw that there was no setup for any business. In this regard, Plaintiff requested Defendant several times through phone and email for either to start the business or to refund his amount of Rs.2,70,000/- but, Defendant kept on avoiding the same on one pretext or the other.
7. Thereafter, due to intervention of relatives and friends, Defendant admitted the fact that Defendant used the amount of Plaintiff for his own purpose and made the story CS SCJ 1347/20 Poorva Mehra Arshad Idrisi Vs. Mohd. Abdulla Harish Civil Judge-02/SED Page no. 3 of 8 Saket Court, ND/07.01.2025 of setting up a new business of institution of a computer institute. Defendant promised the Plaintiff to repay the amount of Rs.2,70,000/- with interest upto March 2020.
8. In the month of April 2020, Plaintiff approached Defendant for returning of his money, however, Defendant, on the pretext of Covid-19, took more time to repaying the Plaintiff's amount and promised to clear amount in August 2020.
9. In September 2020, Plaintiff met Defendant and requested him for returning of his money, but, Defendant refused to pay any single penny to Plaintiff and also threatened him that if he will approach the police or court, it would not be good for his health.
10. Thereafter, Plaintiff sent a legal notice dated 28.09.2020 to Defendant through Speed Post but, Defendant in collusion and conspiracy with concerned postman refused the service of the said notice. The notice was sent to the Defendant at his last known address, hence, it presumed that it is complete service of notice to the Defendant.
11. It is stated that Defendant has withheld the amount of Rs.2,70,000/- of Plaintiff without any justification, hence, Defendant is liable to pay a sum of Rs.2,70,000/- alongwith interest @ 24% per annum since 14.04.2018 till realization alongwith litigation charges of filing the present suit. Hence, the present suit for recovery.
CS SCJ 1347/20 Poorva Mehra
Arshad Idrisi Vs. Mohd. Abdulla Harish Civil Judge-02/SED
Page no. 4 of 8 Saket Court, ND/07.01.2025
SUMMONS:-
12. Summons of the suit was issued to the Defendant and Defendant was served through Ordinary Post on 24.03.2021. Despite service, neither did Defendant appear nor filed his written statement. Thereafter, vide order dated 01.11.2021, Defendant was proceeded against Ex-Parte.
PLAINTIFF'S EVIDENCE:-
13. In Ex-Parte evidence, Mr. Arshad Idrisi/ Plaintiff deposed as PW-1, vide affidavit of evidence exhibited as Ex.PW-1/A bearing his signatures at point A and Point B, wherein he reiterated the contents of the plaint.
14. For the sake of brevity and to avoid repetition, the contents of the evidentiary affidavit are not being reproduced again.
PW-1 relied upon the following documents: -
S. No. Documents Exhibits
1 Whatsapp and email chat conversation Ex.PW-1/1
between parties (Colly)
2 Photocopy of digital transaction Ex. PW-1/2
3 Copy of Legal Notice Ex. PW-1/3
4 Copy of postal receipt Ex. PW-1/4
5 Copy of bank statement of Plaintiff Ex. PW-1/5
6 Certificate under Section 65B of IEA Ex. PW-1/6
15. Vide a separate statement dated 18.07.2023, Ld. Counsel for Plaintiff closed Plaintiff Evidence.
CS SCJ 1347/20 Poorva Mehra
Arshad Idrisi Vs. Mohd. Abdulla Harish Civil Judge-02/SED
Page no. 5 of 8 Saket Court, ND/07.01.2025
FINAL ARGUMENTS:-
16. Final arguments were advanced by the Ld. Counsel for the Plaintiff. I have heard the submissions advanced by him. I have also perused the entire case record meticulously.
FINDINGS: -
17. Perusal of record shows that Plaintiff and Defendant are known to each other through their fathers as they have friendly relations.
18. Defendant approached Plaintiff with a proposal for starting up a new business of computer institution for teaching computer classes for which Defendant proposed the Plaintiff for preparing infrastructure and other expenses for the institution required some initial amount of Rs.6,00,000/- which was to be shared equally between them.
19. In the year 2018, Plaintiff was in Oman for work purpose.
For the purposes of investment, Plaintiff agreed to the proposal of Defendant for setting up a computer institute and transferred the amount of Rs.1,00,000/- on 14.01.2018; Rs.1,00,000/- on 30.01.2018; Rs.50,000/- & Rs.20,000/- on 14.04.2018 through NEFT. Plaintiff transferred a total sum of Rs.2,70,000/- to the Defendant's account for starting up a new work/ business as proposed by Defendant.
CS SCJ 1347/20 Poorva Mehra Arshad Idrisi Vs. Mohd. Abdulla Harish Civil Judge-02/SED Page no. 6 of 8 Saket Court, ND/07.01.2025
20. In July 2018, Plaintiff returned from Oman to Delhi and visited the place i.e. Fatehgarh on 04.09.2018 where the Defendant promised to initiate the business and joint business was being run. But, Plaintiff saw that there was no setup for any business. Thereafter, Plaintiff requested Defendant several times through phone and email for either to start the business or to refund his amount of Rs.2,70,000/- but, Defendant kept on avoiding the same on one pretext or the other. Therefore, Plaintiff was constrained to send a legal notice dated 10.05.2022, however, Defendant in did not pay his outstanding dues. Left and hence, the present suit was filed.
21. Plaintiff got examined himself as PW-1. He proved on record the Whatsapp and email chat conversation between parties as Ex.PW-1/1 (Colly), photocopy of digital transaction as Ex. PW-1/2, copy of Legal Notice as Ex. PW-1/3, copy of postal receipt as Ex. PW-1/4, copy of bank statement of Plaintiff as Ex. PW-1/5 and certificate under Section 65B of IEA as Ex. PW-1/6.
22. Moreover, Defendant neither entered appearance nor filed any reply to controvert the allegations and evidence adduced by the Plaintiff in the present case. There is no reason to disbelieve the testimony of PW-1.
23. In view of the unrebutted testimony of PW-1, the documentary evidence relied upon by Plaintiff and in the absence of any evidence to the contrary, this court is of the considered opinion that the Plaintiff has proved his case.
CS SCJ 1347/20 Poorva Mehra Arshad Idrisi Vs. Mohd. Abdulla Harish Civil Judge-02/SED Page no. 7 of 8 Saket Court, ND/07.01.2025
24. Plaintiff has prayed interest at the rate of 24% per annum.
However, percentage of the interest is exceptionally high and cannot be allowed considering the law of equity. Accordingly, the Plaintiff is held entitled to recover Rs.2,70,000/- (Rupees Two Lacs Seventy Thousand Only) alongwith interest @ 10% per annum since 14.04.2018 till the date of decree.
25. No order as to the cost.
26. Decree sheet be prepared accordingly.
27. File be consigned to record room after due compliance.
Digitally signed by POORVAPOORVA MEHRA Date: MEHRA 2025.01.10 10:48:34 +0530 Pronounced in the open court (Poorva Mehra) today on 07.01.2025 Civil Judge-02, South-East Saket Court, New Delhi It is certified that this judgment contains 08 pages and each page bears my signatures.
Digitally signed by POORVAPOORVA MEHRA MEHRA Date:
2025.01.10 10:48:41 +0530 (Poorva Mehra) Civil Judge-02, South-East, Saket Court, New Delhi CS SCJ 1347/20 Poorva Mehra Arshad Idrisi Vs. Mohd. Abdulla Harish Civil Judge-02/SED Page no. 8 of 8 Saket Court, ND/07.01.2025