Delhi District Court
Yogesh Bhatia vs Somesh Thareja on 2 February, 2024
IN THE COURT OF CIVIL JUDGE-01, WEST, TIS
HAZARI COURTS, DELHI
Presided over by- Sh. Vikas Madaan, DJS
CS SCJ No. 1194/2022
CNR DLWT 030021952022
Date of institution of suit : 04.08.2022
Date of reservation of Judgment : 02.02.2024
Date of passing of Judgment : 02.02.2024
Sh. Yogesh Bhatia
S/o Sh. Ramesh Bhatia
R/o F-46 B, 2nd Floor
Moti Nagar
New Delhi-15.
..........Plaintiff
Vs.
Sh.Somesh Thareja
S/o Sh. Naresh Kumar Thareja
R/o 9/317, 2nd Floor
Meera Bagh
Opp. Axis Bank
New Delhi-110087
Also at
CWP (Cherry Wall Paper)
Shop No. 28
Furniture Block
Kirti Nagar Digitally
signed by
New Delhi-110015. VIKAS
VIKAS MADAAN
.......... Defendant MADAAN Date:
2024.02.02
14:58:20
+0530
Page no. 1 of 7 Yogesh Bhatia Vs. Somesh Thareja CS SCJ No.1194/22
Argued by
Sh. Pratap Sahni, Ld. counsel for plaintiff.
SUIT FOR SPECIFIC PERFORMANCE OF
AGREEMENT DATED 23.03.2018 AND DAMAGES
JUDGMENT
A FACTUAL MATRIX
1. Brief facts of the present case as per plaint are that plaintiff earns his livelihood by doing a small business of supply of wallpapers to its various customers and defendant is a whole seller of wall papers and the plaintiff used to supply the materials of the defendant. The defendant is running his shop under the name and style of CWP (Cherry Wall Paper). It is stated that plaintiff in the year 2017, was working for defendant as his distributor and supplying the material to the various customers. It is further stated that during the tenure of plaintiff's employment with defendant, the defendant to expand his business, looking into the needs of plaintiff as a distributor for supplying the materials and attending to various customers, the defendant made an offer to the plaintiff to use his car on certain Digitally signed by VIKAS terms, since the plaintiff was performing exceptionally well VIKAS MADAAN MADAAN Date:
2024.02.02 14:58:31 +0530 Page no. 2 of 7 Yogesh Bhatia Vs. Somesh Thareja CS SCJ No.1194/22 to the satisfaction of the defendant.
2. It is further stated that the defendant being the registered owner of WagonR car bearing registration no. DL3CCL 7841(hereinafter referred to as "said vehicle") under the hypothecation of HDFC Bank, having loan A/c no. 46519924 had entered into an agreement/MOU dated 23.03.2018 with the plaintiff for use of the car by paying the monthly installment with 33 % discount whereby it was agreed that the plaintiff would pay 2/3 of the EMI of Rs.8,571/ i.e. Rs. 5740/ monthly in cash/cheque to the defendant till the existence of the agreement. Accordingly, the plaintiff had paid his share of the EMI to the defendant till the full compliance of the agreement/MOU. The tenure of the agreement was for a period of 4 years. It was agreed between the parties that the plaintiff on 23.03.2018, had paid Rs. 60 thousand by way of cheque on 23.03.2018 in favour of Bhawnesh Thareja on the instruction of the defendant vide cheque bearing no. 628860 drawn on IndusInd bank and the said cheque was honored by the bank. It is further stated that as per the agreement dated 23.03.2018, the defendant had handed over the physical possession of the said car to the plaintiff immediately after execution of the said agreement alongwith all connected documents and key in original. Further the defendant assured the plaintiff that after full completion of the tenure of the agreement the defendant would obtain NOC from Digitally signed by VIKAS VIKAS MADAAN MADAAN Date:
2024.02.02 14:58:40 Page no. 3 of 7 Yogesh Bhatia Vs. Somesh Thareja CS SCJ No.1194/22 +0530 the financier bank and hand it over to the plaintiff alongwith the sale letter as necessary for the transfer of the said vehicle in the name of plaintiff/purchase or his desirous persons. The plaintiff has been in possession of the said car since then with a sincere expectation that defendant would perform his part of the agreement and obtain the NOC and hand it over to the plaintiff as per agreement dated 23.03.2018.
3. It is further stated that defendant after completion of the tenure of the agreement despite request of the plaintiff failed to fulfill the transfer formalities and to hand over the NOC from the financier bank and tried to buy time on one pretext or the other. The entire loan amount has been cleared on 05.04.2022 and defendant has also obtained the NOC from the financier. It is further stated that after completion of the tenure of the agreement on 22.03.2022, the plaintiff is continuously requested defendant for giving NOC and fulfilling the said formalities but defendants tried to buy time on one pretext or another. It is further stated that defendant instead of honouring the commitment made in the agreement, on 26.07.2022 when plaintiff had gone to Kirti Nagar Market in a scooter, belonging to his brother in law, illegally and forcefully snatched away the scooter and physically and mentally abused plaintiff. Plaintiff protested against defendant's illegally and forceful snatching and Digitally requested him to give back the important documents and signed by VIKAS VIKAS MADAAN MADAAN Date:
2024.02.02 14:58:49 +0530 Page no. 4 of 7 Yogesh Bhatia Vs. Somesh Thareja CS SCJ No.1194/22 the cash of Rs. 10,000/ which was lying in the dicky for buying some materials, but defendant flatly refused the plaintiff's request and a complaint in this regard was lodged in the concerned P.S on 27.07.2022. Hence, the present suit has been filed by the plaintiff.
4. By virtue of present suit, the plaintiff has prayed for the following reliefs :
(a)To direct defendant for performance of MOU/agreement dated 23.03.2018 and to execute the sale formalities in favour of plaintiff.
(b)To pass a decree of damages from the month of March, 2022 in favour of plaintiff.
(c)Any other Order.
5. Summons issued to defendant at first address received back served upon his wife as per process server's report dated 16.08.2022. Vide Order dated 01.12.2022, the right to file W.S was closed and defendant was proceeded ex-parte.
B. PLAINTIFF'S EVIDENCE
6. In order to prove his case plaintiff has examined himself as PW-1 and has tendered in evidence his duly sworn in affidavit. Same is Ex. PW 1/A and has relied upon Digitally following documents: signed by VIKAS VIKAS MADAAN MADAAN Date:
2024.02.02 14:58:56 +0530 Page no. 5 of 7 Yogesh Bhatia Vs. Somesh Thareja CS SCJ No.1194/22 Sr. No. Details of documents Exhibits
1. Copy of MOU dated 23.03.2018 Ex. PW 1/1 (OSR)
2. Copy of complaint dated 26.07.2022 Mark A and and 27.07.2022 Mark B Copy of complaint dated 01.08.2022 Mark C
3.
7. Thereafter, vide separate statement made by plaintiff on 04.12.2023, PE was closed and the matter was listed for ex-parte final arguments.
8. I have heard final arguments advanced by Ld. counsel for plaintiff and perused the record.
9. It is averred by the plaintiff that in compliance of MOU dated 23.03.2018, he had paid his share of EMI to the defendant and the defendant is now under the liability to fulfill his part of obligation i.e. to obtain the NOC from the financier bank and to transfer the ownership of the said vehicle in favour of the plaintiff. It is apropos to mention that in view of the undisputed testimony of the plaintiff, and also on the basis of the evidences put forth by the plaintiff it can be safely stated that the plaintiff has been able to discharge the burden placed upon him to prove that he is entitled to get the specific performance of the MOU/agreement dated 23.03.2018. Moreover, the entire Digitally signed by VIKAS VIKAS MADAAN Page no. 6 of 7 Yogesh Bhatia Vs. Somesh Thareja CS SCJ No.1194/22 MADAAN Date:
2024.02.02 14:59:03 +0530 case of the plaintiff has gone unchallenged and unrebutted as defendant did not choose to challenge the testimony of the plaintiff. However with regard to damages sought by the plaintiff from the month of March, 2022 is concerned, the plaintiff has himself deposed that the possession of the said vehicle has been with him. It is nowhere averred by the plaintiff in what manner the damages were suffered by him as a result of nonperformance of contract by the defendant.
10.Therefore, the present suit of the plaintiff hereby stands partly decreed. Defendant is directed to execute the sale formalities of vehicle i.e. WagonR car bearing registration no. DL3CCL7841 in favour of plaintiff as per law after obtaining the NOC from the concerned bank within two months from today. No order as to costs.
Decree sheet be prepared accordingly. File be consigned to Record Room after due compliance.
Digitally signed by VIKAS VIKAS MADAAN ANNOUNCED IN THE MADAAN Date: 2024.02.02 OPEN COURT TODAY i.e. 14:59:10 +0530 02.02.2024 (VIKAS MADAAN) CIVIL JUDGE-01, WEST,
Note: This judgment contains 07 TIS HAZARI COURTS, DELHI pages and each page is signed by the under signed.
Page no. 7 of 7 Yogesh Bhatia Vs. Somesh Thareja CS SCJ No.1194/22