Delhi District Court
Matrix Forex Services Pvt. Ltd vs Saurabh Juneja on 26 July, 2013
IN THE COURT OF SH. ACHAL TYAGI, CIVIL JUDGE:
EAST, KARKARDOOMA COURTS, DELHI
Suit no.: 212/12
Unique case ID no.: 02402C 0221802012
Matrix Forex Services Pvt. Ltd.,
7, Khullar Forms, 140,
New Manglapuri, Mandi Road,
New Delhi 110030. ........ Plaintiff
Versus
Saurabh Juneja
s/o Sh. Narendra Kumar Juneja
r/o C222, Vivek ViharI,
Delhi110095. ........ Defendant
Date of institution : 08.08.12
Date on which reserved for judgment : 26.07.13
Date of pronouncement of judgment : 26.07.13
JUDGMENT:
1. Vide this judgment, I shall dispose of the present suit for recovery of sum of Rs.1,00,106/ instituted by the plaintiff against the Suit no. 212/12 Page no. 1 of 5 defendant under the provisions of Order XXXVII Code of Civil Procedure, 1908 ("CPC").
2. Brief facts of the case relevant for the judgment are as follows. That the plaintiff is a private limited company registered under the Companies Act, 1956 and dealing in selling of foreign currency under the Reserve Bank of India License no. EF.DEL.FFMC/0062/2011 having its registered office at 7, Khullar Forms, 140, New Manglapuri, Mandi Road, New Delhi 30. The plaintiff has filed the present suit for recovery of sum of Rs. 1,00,106/ against the defendant on the basis of dishonored cheque issued by the defendant towards purchase of foreign exchange of Rs. 1,00,106/. It has been stated that the defendant had moved an application for purchase of foreign exchange under private use on 05.03.12. That the plaintiff company on the basis of the information given by the defendant alongwith his copy of passport and other documents issued foreign exchange of Rs. 99,750/only at the residence of the defendant at Vivek Vihar and the remaining amount was to be loaded in the Forex card after the encashment of the cheque. The plaintiff company has filed on record the application of the defendant and the bill of the plaintiff company dated 05.03.12. It has been stated that the defendant in discharge of his liability issued Suit no. 212/12 Page no. 2 of 5 cheque bearing no. 41412 dated 05.3.12 for Rs. 2,00,084/ drawn on Standard Charted Bank in favour of the claimant company. That the plaintiff company presented the said cheque for encashment however the same was returned unpaid on 07.03.12 on the ground of insufficient funds. It has been stated that the defendant is in contravention of Foreign Exchange Management Act, 1999 as the defendant cannot retain such a high amount of foreign exchange. It has been stated that the plaintiff company has also filed a police complaint before PS Fatehpur Beri on 09.04.12 against the defendant. That the plaintiff company issued a legal notice dated 19.03.12 for the dishonored cheque to the defendant. The plaintiff issued another legal demand notice dated 19.06.2012 to defendant, thereby demanding a sum of Rs. 1,00,106/ from him. That the defendant despite the receipt of the demand notice has not cleared the outstanding amount towards the plaintiff company. It has also been stated that the plaintiff company has filed a complaint case bearing no. 717/12 u/s 138 of Negotiable Instrument Act, 1881 against the defendant which is subjudice before the Court of Sh. Naveen Kumar Ld. MM .
3. The Plaintiff has accordingly filed the present suit for recovery of Rs. 1,00,106/ along with interest @ 18 % p.a. under Order XXXVII Suit no. 212/12 Page no. 3 of 5 CPC against the defendant. The plaintiff has filed on record the certified copy of the alleged cheque dated 05.03.2012 and the Bank return memo dated 07.03.2012. The legal notice sent to the defendant has also been filed on record. The certified copy of the complaint filed by the plaintiff filed against the defendant has also been filed on record.
4. Perusal of the record reveals that summons as prescribed under Form No. 4 Appendix B CPC were ordered to be issued against the defendant on 08.08.12 and the same was served on the defendant. The defendant despite the service of the summons has not entered his appearance in the present case within the stipulated period of ten days. It is pertinent to note that as per provisions of Order XXXVII Rule 2 (3) CPC if the defendant has not filed his memo of appearance within the stipulated period of 10 days, the allegations in the plaint are deemed to be admitted and the plaintiff is entitled to judgment forthwith.
5. In the light of the facts and circumstances of the case and as per the provisions of Order XXXVII Rule 2(3) CPC, the present suit of the plaintiff is hereby decreed for a sum of Rs. 1,00,106/ in favour of Suit no. 212/12 Page no. 4 of 5 plaintiff and against the defendant. Plaintiff is further held entitled to pendente lite interest @ 6% per annum from the date of filing of the suit till the date of decree and also future interest @ 6% p.a. till the date of its realization. Costs are also awarded in favour of the plaintiff.
Decree sheet be prepared accordingly.
File be consigned to Record Room after necessary compliance.
Announced in the open (ACHAL TYAGI )
Court on 26.07.2013 Civil Judge/East
KKD Courts, Delhi
Suit no. 212/12 Page no. 5 of 5