Delhi District Court
Through Mr. Naveen Sachdeva vs Sh. Pawan Kumar Gaba on 6 October, 2022
-:: 1 ::- Date: 06.10.2022
IN THE COURT OF MS. SHIVALI BANSAL
ADDITIONAL DISTRICT JUDGE-03 (NORTH)
ROHINI COURTS, DELHI
CNR No. DLNT010035932018
CS No. 314/18
In the matter of :-
M/s. Quick Forex Ltd.
Having its registered
office at 3507/6,
Kirti Sadan Building,
Pyare Lal Road,
Karol Bagh, New Delhi-110005.
Through Mr. Naveen Sachdeva
(Bulk Manager of the plaintiff company) ...... Plaintiff
Versus
1.Sh. Pawan Kumar Gaba
2. Mrs. Mamta Gaba W/o Sh. Pawan Kumar Gaba
3. Ms. Yashika Gaba D/o. Sh. Pawan Kumar Gaba All Residents of H. No. B-78, SF Gali No. 1, Adarsh Nagar Delhi-110033. ......Defendants Date of Institution : 13.04.2018 Date of Final Argument : 06.10.2022 Date of pronouncement of judgment : 06.10.2022 CS No. 314/18 Quick Forex Ltd. Vs. Pawan Kumar Gaba & Ors. Page: 1 of 9
-:: 2 ::- Date: 06.10.2022 SUIT FOR RECOVERY OF RS. 5,95,104/- (RUPEES FIVE LAC NINETY FIVE THOUSAND ONE HUNDRED AND FOUR) EX-PARTE JUDGMENT
1. The brief facts of the case is that the plaintiff is a company duly incorporated under the companies Act 1956, having its registered office at 3507/6, Kirti Sadan Building, Pyare Lal Road, Karol Bagh, New Delhi- 110005 and is filed through Mr. Naveen Sachdeva, Bulk Manager of the plaintiff company.
2. It is submitted by the plaintiff that the plaintiff is the authorized licensee from the Reserve Bank of India to carry out the activities of outward remittance from India. The plaintiff is authorized to sell out foreign currencies across the country under the license issued by Reserve Bank of India bearing License no.06/2015 dated 23.12.2015.
3. It is submitted by the plaintiff that on 29 th September 2017, the defendants approached the plaintiff company for purchase of US$ for the foreign trip of his family and himself to Thailand.
4. It is submitted by the plaintiff that necessary formalities and documentations were got done by the defendant no.1 under the signatures of himself, his wife and daughter namely Mrs. Mamta Gaba and Ms. Yashika Gaba by way of duly signed prescribed application forms. The defendants also provided copy of their respective passports.
5. It is submitted by the plaintiff that subsequently the defendants no.1 purchased US$ 3000 each in his own name as well as in the name of his CS No. 314/18 Quick Forex Ltd. Vs. Pawan Kumar Gaba & Ors. Page: 2 of 9
-:: 3 ::- Date: 06.10.2022 wife Mrs. Mamta Gaba and the daughter Ms. Yashika Gaba. Thus, the defendants purchased total of US$ 9000 in his own name Pawan Kumar Gaba, his wife's name (defendant no.2) and his daughter's name (defendant no.3) from the Plaintiff.
6. It is submitted by the plaintiff that the plaintiff issued the requisite dollars to the defendants and raised the invoices in the name of Mr. Pawan Kumar Gaba, Ms. Yashika Gaba and Mrs. Mamta Gaba vide Cash Memo/ invoice bearing no. 780 dated 29.09.2017 for the sum of Rs. 1,97,968/- Cash Memo/invoice bearing no.782 dated 03.10.2017 for the Rs. 1,98,568/- and Cash Memo/invoice bearing no. 783 dated 03.10.2017 for the sum of Rs. 1,98,568/-. Thus, the Plaintiff raised invoices for the total sum of Rs.5,95,104/- towards selling of total US $ 9000.
7. It is submitted by the plaintiff that towards discharge of the liability of the defendants to make payment for purchase of the US$ 9000 from the plaintiff, the defendant no.1 namely Mr. Pawan Kumar Gaba issued two cheques vide cheque bearing no.812187 dated 29.09.2017 for the sum of Rs.1,98,968/- and another cheque bearing no. 822188 dated 03.10.2017 for the sum of Rs.3,97,136/- totaling to the sum of Rs.5,95,104/- in favour of the plaintiff. Both these cheques were drawn on Indusind Bank Ltd., Ground Floor, 2W/3, West Patel Nagar Opposite Metro Pillar No.195, Patel Nagar New Delhi-110008 from the defendant no.1's saving bank account no.100051635461.
8. It is submitted by the plaintiff that both the above cheques were presented for encashment by the plaintiff in its bank namely Axis Bank Ltd., G-15, Suneja Tower I, District Centre, Janakpuri, New Delhi on 04.10.2017, CS No. 314/18 Quick Forex Ltd. Vs. Pawan Kumar Gaba & Ors. Page: 3 of 9
-:: 4 ::- Date: 06.10.2022 25.10.2017 and lastly on 14.11.2017. However, on all the occasions the above cheques were got dishonoured for the reason "Insufficient Funds".
9. It is submitted by the plaintiff that the plaintiff was informed about dishonour of the above cheques vide its banker vide bank return memos dated 04.10.2017, 25.10.2017 and 14.11.2017.
10. It is submitted by the plaintiff that upon dishonour of the cheques the plaintiff was constrained to file a complaint before the Dy. Commissioner of Police for redressal of his grievances against the defendants. However, no action was taken by the police.
11. It is submitted by the plaintiff that the plaintiff got issued a legal notice served upon the defendant no.1 thereby demanding for payment of the cheque amount of 5,95,104/- along with the interest thereon through courier and speed post.
12. It is submitted by the plaintiff that in-spite of receipt of the demand notice and telephonic requests from the plaintiff through his offices for making the payment of the cheque amount along with the interest, the defendants have failed to discharge their legal liability and have not paid even any amount to the plaintiff towards discharge of their legal liabilities. Hence the plaintiff has no other option but to come before this Hon'ble court for the relief being prayed for in the present suit.
13. It is submitted by the plaintiff that the plaintiff being a business establishment and non payment of the above amount by the defendants has caused the plaintiff further loss of business as well as loss of interest on the said amount. As such, the plaintiff is also entitled for an interest at CS No. 314/18 Quick Forex Ltd. Vs. Pawan Kumar Gaba & Ors. Page: 4 of 9
-:: 5 ::- Date: 06.10.2022 the rate of 18% per annum on the principal amount of Rs.5,95,104/- from the date of dishonour of the cheques till realization.
14. It is submitted by the plaintiff that it is submitted that on 21.03.2018, while the junior Associate Mr. Nagmani Kumar Advocate, C-150 A, C.L. Joseph Block, Tis Hazari Court (EnrI No. D-1436/2010) was carrying the file in Tis Hazari Court for getting the drafting of the present suit done, following documents of the case got slipped out from the file:
i. Original Cheque bearing No. 812188 dated 03.01.2017 for the amount of Rs. 3,97,136 issued by Pawan Kumar Gaba drawn on Indusind Bank Ltd. Patel Nagar, New Delhi.
ii. Original Cheque bearing No. 812187 dated 29.09.2017 issued by Pawan Kumar Gaba drawn on IndusInd Bank Ltd. Patel Nagar New Delhi.
iii. Original Bank Return Memo dated 14.10.2017, 25.10.2017, and 14.11.2017.
iv. Original Cash Memo / Invoice No. 782 dated 03.10.2017, of Rs. 1,98,568 issued by Quick Forex Ltd. in the name of Yashika Gaba. v. Original Cash Memo / Invoice No. 783 (inadvertently written as 483) dated 03.10.2017, of Rs. 1,97,968 issued by Quick Forex Ltd. in the name of Mrs. Mamta Gaba.
vi. Original Cash Memo / Invoice No. 780 dated 29.09.2017, of Rs. 1,97,968 issued by Quick Forex Ltd. in the name of Yashika Gaba.
15. It is submitted by the plaintiff that the Junior Advocate while taking the file to the main Counsel for the purpose of drafting, realized that the CS No. 314/18 Quick Forex Ltd. Vs. Pawan Kumar Gaba & Ors. Page: 5 of 9
-:: 6 ::- Date: 06.10.2022 above mentioned documents were lost/ slipped out from the file. Immediately on 21.03.2018 an on line NCR was registered on Delhi Police website vide SO No. 430/2014/ dated 21.03.2018 bearing LR No. 881550/2018, PS Crime Branch Delhi. Computer generated NCR Complaint is being filed alongwith the list of documents.
Requisite certificate under Section 65 B of the India Evidence Act from the Associate Advocate Mr. Nagmani Kumar about authenticity of the computer generated NCR Report is being filed alongwith the list of documents.
An affidavit about loss of original documents is also tendered by Advocate Nagmani Kumar.
16. It is submitted by the plaintiff that the liabilities of the defendants no.1 to 3 to pay the suit amount to the plaintiff are joint and several as the requisite foreign currency of US dollars 9000 were issued to and cash memos/invoices were raised in the name of the defendants no.1, 2 and 3 and the cheques in question issued towards discharge of payment obligations were issued by the defendant no.1.
17. It is prayed by the plaintiff that a decree of Rs 5,95,104/-/- be passed in favour of the plaintiff and against the defendants jointly and severally along with the pendentelite and future interest @ 18% p.a. from the date of filing of the present suit till realization.
18. The defendants were served on 19.12.2018 and they were proceeded ex-
parte vide order dated 16.01.2019. No WS is filed on behalf of the defendants.
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19. PW-1 Mr. Harshit Tripathi S/o Mr. Krishan Kumar Tripathi was a summoned witness. He brought the summoned record pertaining customer Pawan Kumar Gaba.
i. His authority letter is Ex.PW1/1.
ii. Scanned copy of cheque no.812187 dated 29.09.2017 is Ex.PW1/2.
iii. Scanned copy of cheque no.812188 dated 03.10.2017 is Ex.PW1/3.
iv. The statement of account for the period from 01.04.2017 to 31.03.2018 Ex.PW1/4.
v. The account opening form is Ex.PW1/5.
20. PW-2 Sh. Naveen Sachdeva S/o Late Sh. Ram Singh Sachdeva tendered his evidence by way of affidavit Ex. PW2/A bearing his signature at point A and B. PW-2 has relied upon the following documents:-
i. Copy of the resolution is Ex. PW2/1.
ii. The copy of the certificate of incorporation of the plaintiff company is Ex. PW2/2.
iii. Copy of the license bearing no. 06/2015 is Ex. PW2/3.
iv. Copies of the documents (passports and photocopy of the application form) of defendants are Ex. PW2/4 (colly).
v. Photocopies of the cash memos and invoices are Ex. PW2/5 (colly).
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vi. Photocopies of the two cheques bearing no. 812187 dated 29.09.2017 and another cheque no. 822188 dated 03.10.2017 are Ex. PW2/6 and PW2/7 respectively.
vii. Copy of return memo dated 14.11.2017 is Ex.PW2/8.
viii. Copy of statement of Axis Bank account no. 917020032396358 for the period 29.09.2017 to 17.11.2017 is Ex.PW1/9 (colly).
ix. Photocopy of the complaint dated 21.11.2017 is Ex. PW2/10.
x. Photocopy of the legal notice dated 16.10.2018 is Ex.PW2/11(colly) and the original postal receipts and courier POD are Ex. PW 2/12 (colly).
xi. Photocopy of computer generated NCR complaint is Ex.
PW2/13(colly).
xii. Certificate under section 65-B of the Indian Evidence Act about the authenticity of the computer general NCR Report is Ex. PW2/14.
21. PW-3 Mr. Atendra Kumar, Assistant Manager, s/o Sh. Ravindra Nath, Address of Bank B-1/503, Janakpur, New Delhi Level-1, Level-2, Delhi-
58. He brought the summoned record pertaining to the customer of Quick Forex Ltd.
i. Authorization letter is Ex. PW3/1.
ii. System generated copy of Statement of Account No. 917020032396358 for the period (from 01.10.2017 to 31.10.2017) is Ex. PW3/2.
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22. The suit of the plaintiff is decreed to the tune of Rs. 5,95,104/-. The defendants have not come forth to contest the present proceedings and has not filed his written statement, therefore, the averments made in the pleadings are taken to be admitted by the defendants. In view of the admitted facts and on perusal of the documentary evidence on record, the plaintiff is entitled to a decree in his favour.
RELIEF The suit of the plaintiff is decreed for Rs. 5,95,104/- along with the interest @ 6% from the date of the filing of the suit till actual realization. The liability of the defendants are joint and several. Decree sheet be prepared accordingly.
File be consigned to record room.
Announced in open Shivali Bansal
Court on 06.10.2022 Additional District Judge-03
North District, Rohini Courts Delhi
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