Delhi District Court
M/S Marketing Times Automobiles Pvt Ltd vs Fazlu Rehman Khatri on 5 July, 2016
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IN THE COURT OF SHRI RAJ KUMAR CHAUHAN : ADDITIONAL DISTIRCT
JUDGE04 : SOUTH DISTRICT : SAKET COURTS : NEW DELHI
Suit No. 775/14
In the matter of:
M/s Marketing Times Automobiles Pvt Ltd.
1921, DLF Centre, Savitri Cinema Complex,
Greater Kailash, PartII, New Delhi110048
(Through its Authorised Representative). ..........Plaintiff
Versus
1.Fazlu Rehman Khatri S/o Late Sh. Abdul Rehman Khatri
2. Mr. Mohd. Salim Khatri S/o Late Sh. Abdul Rehman Khatri
3. Mr. Abdul Nasir Khatri S/o Late Sh. Abdul Rehman Khatri
4. Mr. Noushad Khatri S/o Late Sh. Abdul Rehman Khatri All R/o:
C/11, Safdarjung Development Area, New Delhi110016 ........Defendants Date of institution of the suit: 31.07.2012 Date reserved for judgment: 09.06.2016 Date of pronouncement of judgment: 05.07.2016 Suit for recovery of Rs. 10,50,000/.
EXPARTE J U D G M E N T
1. The plaintiff has instituted the present suit for recovery of Rs.10,50,000/ M/s Marketing Times Automobiles Pvt Ltd. Vs. Fazlu Rehman Khatri & Ors. Contd...1 of 5 : 2 :
from the defendant inter alia alleging that plaintiff and defendants entered into lease agreement dated 10.05.2006 in respect of ground floor of building no. 83/1 B, Adchini, New Delhi110016 at the monthly rent of Rs. 3,50,000/ per month for a period of 3 years w.e.f. 10.03.2006 to 09.03.2009 with the stipulation that the rent shall be increased @ 5% every year; the plaintiff company had taken the premises on rent for opening of its Maruti True Value Showroom and also running its office establishment; apart from rent plaintiff company also paid a sum of Rs. 7,00,000/ to the defendants being security deposit which shall be refunded to the plaintiff company after termination of lease agreement; advance rent of Rs. 3,50,000/ was paid to the defendants adjustable from rent for the last month of the lease period; the plaintiff applied for a separate electricity meters of 40 KW in the name of defendant no.1 and 2; two electricity meters were installed in the name of defendants and plaintiff started paying the bills directly to the electricity department; on 03.08.2007, the premises was sealed during sealing drive by the MCD officials on grounds of being "Not Commercial but under Agricultural Category"; the said facts were concealed by the defendants at the time of the lease as a result the plaintiff suffered huge loss due to sealing of their showroom; with the persistent efforts of the plaintiff the showroom M/s Marketing Times Automobiles Pvt Ltd. Vs. Fazlu Rehman Khatri & Ors. Contd...2 of 5 : 3 :
was desealed by the MCD and for the purpose of removing of its articles, plaintiff requested the defendant to refund the security deposit amount of Rs. 7,00,000/ and a sum of Rs. 3,50,000/ being received by defendants as advance rent.
2. Defendants were also bound to return the security deposit amount which was deposited by the plaintiff company to the Electricity Department for electricity meters of 40 KW which was received by defendant no.1 and 2 but the defendants failed to return the security deposit advance rent despite issuance of notice by the plaintiff. Plaintiff was therefore entitled to recovery of Rs. 10,50,000/ alongwith interest from the defendants @ 18% per annum.
3. On 13.12.2012 all the defendants were proceeded exparte.
4. Plaintiff has led exparte evidence by examining Birpal Singh Butoola, DGM as PW1 who has filed his affidavit Ex.PW1/A and has proved Special Power of Attorney and resolution dated 25.04.2009 as Ex.PW1/1 and Ex.PW1/2, copy of lease agreement is proved as Mark A, Internet generated details of electricity connections are proved as Mark B and Mark C, letter of the MCD regarding desealing of the property dated 11.11.2008 is proved as Mark D, certified copy of the ledger account is proved as Ex.PW1/3 (colly).
M/s Marketing Times Automobiles Pvt Ltd. Vs. Fazlu Rehman Khatri & Ors. Contd...3 of 5 : 4 :
5. Sh. Rajnish, Assistant Manager, Indian Overseas Bank was examined as PW2. He has proved the statement of account of the plaintiff company w.e.f 01.04.2006 to 31.03.2007 as Ex.PW2/1, certificate under section 2A Banker's Book Evidence Act is proved as Ex.PW2/2.
6. Sh. Ashok Kumar, Dealing Assistant (Desealing) Building Department was examined as PW3. He has proved the desealing order dated 15.11.2008 Ex.PW3/1 and further deposed that the property was re sealed on 18.11.2008 when it was vacant.
7. Sh. Arun, Junior Engineer, Electricity Department has proved the record of two electricity meters installed in the premises as Ex.PW4/A (colly) and Ex.PW4/B (colly) respectively.
8. Ld. counsel for plaintiff has placed on record the written arguments in which it is argued that the plaintiff has proved the payment of security deposit of Rs. 7 lacs alongwith advance rent of Rs. 3,50,000/ to the defendant and the evidence of the plaintiff vide Ex.PW1/A remained unchallenged and unrebutted as defendant remained exparte.
9. PW1 has also proved the ledger account of plaintiff which shows that a sum of Rs. 7 lacs as security deposit and Rs. 3,50,000/ as advance rent is due against the defendant to the plaintiff.
10. In view of the unrebutted and unchallenged testimony of the plaintiff, the M/s Marketing Times Automobiles Pvt Ltd. Vs. Fazlu Rehman Khatri & Ors. Contd...4 of 5 : 5 :
plaintiff has succeeded in the proving the recovery of the suit amount from the defendants.
11. Hence, the suit of the plaintiff is decreed for the sum of Rs. 10,50,000/ against the defendants.
12. Plaintiff has claimed interest @18% per annum. The end of justice shall be met in case the plaintiff is allowed interest @ 12% per annum from the date of filing of the suit till the realisation of the decreetal amount.
13. The cost of the suit is also awarded against the defendant and in favour of the plaintiff. All the defendants are jointly and severally liable to make the payment of decreetal amount. Decree sheet be drawn accordingly.
14. The file be consigned to Record Room after completion of necessary formalities.
Dictated and announced in the
open court on 05.07.2016 (RAJ KUMAR CHAUHAN)
ADJ04 (South)
Saket Courts / New Delhi
05.07.2016
M/s Marketing Times Automobiles Pvt Ltd. Vs. Fazlu Rehman Khatri & Ors. Contd...5 of 5