Delhi District Court
Uphar Finvest Limited vs (1) Mohd. Tarique 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. 116/17
IN THE MATTER OF:
UPHAR FINVEST LIMITED
Having Office at:
402404, Sheetala House, 7374, 4th Floor,
Nehru Place, New Delhi110019.
........PLAINTIFF
VERSUS
(1) Mohd. Tarique
S/o Sh. Habib Ur Rehman,
H.No.79, BlockT,
Sarai Kale Khan,
Near Sarai Kale Khan Bus Terminal,
Delhi110013.
(2) Mohd. Mansoor Alam
S/o Sh. Sattar Ali
H.N.656, Third Floor,
Sunlight Colony1, Ashram,
Near Gurudwara,
New Delhi110014.
.......DEFENDANTS
Date of Institution : 03.02.2017
Date of reserving order : 01.12.2018
Date of Judgment : 04.01.2019
Civil Suit no. 116/17 (Sushil Anuj Tyagi)
Uphar Finvest Limited JSCC cumASCJcumGJ
VS. South East, Saket Courts/04.01.2019
Mohd. Tarique & Anr.
Page no. 2 of 6
EXPARTE JUDGMENT:
1.This is a suit filed by the plaintiff against the defendants for recovery of Rs. 80,785/ 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 Super Splendor under the Loan Hypothecation Agreement No. DT005701 dated 12.06.2013 for a sum of Rs.40,000/ and after due execution of the necessary documents and said agreement, the plaintiff released the payment of Rs. 10,00,000/ Civil Suit no. 116/17 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/04.01.2019 Mohd. Tarique & Anr.
Page no. 3 of 6 vide consolidated cheque (bearing no.2470 RTGS dated 20.06.2013 drawn on City Union Bank, Janakpuri, New Delhi) in favour of the "ARC Motors Pvt. Ltd", New Delhi110020 out of which Rs. 39,000/ 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. 3933 X 12 from 15.07.2013 to 15.06.2014. It is alleged that defendants, after paying a few installments stopped making the payments. Thereafter, the plaintiff sent an outstanding notice dated 04.08.2014 to the defendants for recovery of the outstanding amount of Rs. 41,061/ 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 01.06.2016. However, the defendant no. 1 after receiving the aforesaid notice failed to clear the outstanding dues and hence the present suit.
4. Defendants were served by way of publication in the newspaper "Veer Arjun" dated 24.04.2018 and "The Statesman" dated Civil Suit no. 116/17 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/04.01.2019 Mohd. Tarique & Anr.
Page no. 4 of 6 25.04.2018 but they failed to appear and thereafter they were proceeded against ex parte vide order dated 25.08.2018.
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 Original outstanding notice with postal receipts 10 Ex.PW1/J Legal notice with original postal receipts 11 Ex.PW1/K Computer generated copy of account statement of plaintiff company 12 Ex.PW1/L Certificate u/s 65 B of Indian Evidence Act Civil Suit no. 116/17 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/04.01.2019 Mohd. Tarique & Anr.
Page no. 5 of 6
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. 80,785/ 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.
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 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 Civil Suit no. 116/17 (Sushil Anuj Tyagi) Uphar Finvest Limited JSCC cumASCJcumGJ VS. South East, Saket Courts/04.01.2019 Mohd. Tarique & Anr.
Page no. 6 of 6 suit is decreed in favour of the plaintiff and against the defendants, for a sum of Rs. 80,785/ 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. 116/17 (Sushil Anuj Tyagi)
Uphar Finvest Limited JSCC cumASCJcumGJ
VS. South East, Saket Courts/04.01.2019
Mohd. Tarique & Anr.