Delhi District Court
Uphar Finvest Limited vs (1) Mr. Harsh Aggarwal on 4 January, 2019
Page no. 1 of 6
IN THE COURT OF SH. SUSHIL ANUJ TYAGI, JSCC CUMASCJCUM
GUARDIAN JUDGE, DISTRICT: SOUTHEAST, NEW DELHI
CIVIL SUIT NO. 52729/16
IN THE MATTER OF:
UPHAR FINVEST LIMITED
Having Office at:
402404, Sheetala House, 7374, 4th Floor,
Nehru Place, New Delhi110019.
........PLAINTIFF
VERSUS
(1) Mr. Harsh Aggarwal
S/o Sh. Navnit Kumar
H.No.T88, Block T,
Ground Floor, Vishnu Garden Extn.,
Near Kamal Sweet Corner, Delhi110018
Also At:
Mr. Harsh Aggarwal,
M/s Clubrhino,
Sector53, Golf Cource Road,
South Point, Third Floor,
Gurgaon (H.R.)122002.
(2) Mr. Sunil Rajput
S/o Sh. Ram Kishan,
H.No. T88, First Floor,
Vishnu Garden Extn.,
Near Kamal Sweet Corner, Delhi110018.
.......DEFENDANTS
Civil Suit no. 52729/2016 (Sushil Anuj Tyagi)
Uphar Finvest Limited JSCC cumASCJcumGJ
VS. South East, Saket Courts/04.01.2019
Mr. Harsh Aggarwal And & Anr.
Page no. 2 of 6
Date of Institution : 30.09.2016
Date of reserving order : 01.12.2018
Date of Judgment : 04.01.2019
EXPARTE JUDGMENT:
1.This is a suit filed by the plaintiff against the defendants for recovery of Rs. 70,240/ 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 TVS Jupiter under the Civil Suit no. 52729/2016 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/04.01.2019 Mr. Harsh Aggarwal And & Anr.
Page no. 3 of 6 Loan Hypothecation Agreement No. DT009048 dated 04.05.2015 for a sum of Rs. 42,000/ and after due execution of the necessary documents and said agreement, the plaintiff released the payment of Rs. 42,000/ vide consolidated cheque (bearing no.004603 dated 02.05.2015 drawn on City Union Bank, Janakpuri, New Delhi) in favour of the "K.K. Automobile, A1, Adhyapak Nagar, Nazafgarh Road, Nangloi, New Delhi110041 out of which Rs. 42,000/ at the behest of the defendants, accordingly the defendants received the above said product from the dealer. The payment schedule under the said agreement was on the basis of monthly installments of Rs. 4130 X 12 from 18.05.2015 to 18.04.2016. Thereafter, the plaintiff sent an outstanding notice dated 20.02.2016 to the defendants for recovery of the outstanding amount of Rs. 54,209/ but the defendants failed to clear the outstanding dues despite the service of the said letter. It is alleged that the plaintiff, under these circumstances, when no payment was received from the defendants, was compelled to sent a legal notice dated 24.05.2016 for recovery of outstanding amount of Rs.70,240/. However, the defendant no.1 after receiving the aforesaid notice failed to clear the outstanding dues and hence the present suit.
Civil Suit no. 52729/2016 (Sushil Anuj Tyagi)
Uphar Finvest Limited JSCC cumASCJcumGJ
VS. South East, Saket Courts/04.01.2019
Mr. Harsh Aggarwal And & Anr.
Page no. 4 of 6
4. Defendants were served by way of publication in the newspaper "Veer Arjun" dated 28.03.2018 and "The Statesman" dated 26.03.2018 but they failed to appear and thereafter they were proceeded against ex parte vide order dated 20.04.2018.
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: S.No. Exhibits Documents.
1 Ex.PW1/A Original Board Resolution dated 28.09.2012 2 Ex.PW1/B (OSR) Copy of GPA dated 05.10.2012 3 Ex.PW1/C (OSR) Copy of Certificate of commencement of Business 4 Ex.PW1/D (OSR) Copy of certificate of incorporation 5 Ex.PW1/E (OSR) Copy of certificate of registration by RBI 6 Ex.PW1/F (colly) Original Loan Agreement 7 Ex.PW1/G Computer generated copy of account statement of City Union Bank 8 Ex.PW1/H Original invoice 9 Ex.PW1/I (colly) Original outstanding notice with postal receipts 10 Ex.PW1/J Computer generated copy of account Civil Suit no. 52729/2016 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/04.01.2019 Mr. Harsh Aggarwal And & Anr.
Page no. 5 of 6 statement of plaintiff company 11 Ex.PW1/K Certificate u/s 65 B of Indian Evidence Act 12 Ex.PW1/L (colly) Legal notice with original postal receipts
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.70,240/ 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. 52729/2016 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/04.01.2019 Mr. Harsh Aggarwal And & 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.70,240/ 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 04.01.2019 JSCCcumASCJcumGJ South East, Saket Courts:New Delhi Civil Suit no. 52729/2016 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/04.01.2019 Mr. Harsh Aggarwal And & Anr.