Delhi District Court
Umang Tewari vs Atlas Exporters And Ors on 7 September, 2024
In the Court of Shri Naresh Kumar Laka
District Judge - 07, Central,
Tis Hazari Courts, Delhi
CS DJ 748/19
CNR No. DLCT01010330-2019
In the matter of:
Umang Tewari
S/o Sh. R.C. Tewari,
R/o 118/8 Pusa Road New Delhi
Through its SPA Holder Sh. Somen Roy
..... Plaintiff
versus
1. Atlas Exporters
Through its partners
2. Mr. Amit Mirchandani
Partner of M/s Atlas Exporters
3. Mr. Manhender Mirchandani
Partner of M/s Atlas Exporters
D1 to D3 are at: 3/242, 2C Mathuradas Mills
Compound NM Joshi Marg Lower
Parel Mumbai - 400013
4. Cushman and Wakefield
B - 6/8 2nd Floor Commercial Complex
Opposite Deer Park Safdarjung
Enclave New Delhi - 110029
..... Defendants
Date of Institution : 01.08.2019
Arguments concluded on : 07.09.2024
Date of decision : 07.09.2024
Result : Decreed
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CS DJ No. 748/19 Page No. 1 of 4
Umang Tewari Vs. Atlas Exporters And Ors.
SUIT FOR RECOVERY OF MONEY
J U D G M E N T (ex-parte)
Suit in brief The present suit has been filed for recovery of Rs. 18,75,000 by claiming that the plaintiff operates its business and works under the trade name 'Big Fish Ventures' which is a renowned restaurants/food joints/bar and in the year 2016, the plaintiff was looking for a suitable property at Mumbai for initializing and operating his business of cafe- cum-bar at Mumbai and for said purpose, the plaintiff approached defendant no.1 to 3. It is further claimed that the defendant no.1 and 3 assured the plaintiff that their agent/representative i.e. Defendant no.4 in Delhi will coordinate with the plaintiff for said purpose.
2. Thereafter, in the month of July, 2016, the defendant no. 4 approached the plaintiff at the plaintiff's office at Pusa Road, Delhi on behalf of Defendant no.1 to 3 and offered property admeasuring 6000 sq. ft. bearing no. 3/242, 2C, Mathuradas Mills Compound NM Joshi Marg, Lower Parel, Mumbai-400013 on license/lease basis. Thereafter, on holding several talks and negotiations, it was agreed that the defendants will change the name user of premises of the said property for running the business by the plaintiff and it was assured by the defendant no.4 on behalf of defendant no.1 to 3 that a document titled as "Memorandum of Understanding' is under preparation at their end. It is further alleged that the defendant no. 4 requested for advance payment of Rs. 15 lakhs to the defendant no.1 to 3 on the pretext that it will be adjusted in the security deposit. Accordingly, the plaintiff transferred an _________________________________________________________________________________ CS DJ No. 748/19 Page No. 2 of 4 Umang Tewari Vs. Atlas Exporters And Ors.
amount of Rs. 15 lakhs to the defendant no.1 to 3 through RTGS and thereafter, Memorandum of Understanding was got signed by the defendant no. 4 from the plaintiff but defendants initially sought time to deliver the possession of the said property but despite repeated requests and communications, possession of the aforesaid property was never handed over by the defendants nor payment of the advance amount was refunded to the plaintiff. Hence the present suit was filed.
3. Summons sent to the defendants were returned with the report 'left'. Ultimately, the defendants were served by way of publication in the newspaper titled as 'The Hindu' and 'Veer Arjun' and an opportunity was given to the defendants to file written statement but no one appeared on behalf of the defendants nor written statement has been filed. Consequently, the defendants were proceeded ex-parte vide order dated 16.12.2023. I have heard arguments from Sh. Nishant Gupta & Sh. Shivanshu Singh, learned counsel for plaintiff and gone through the record.
Reasons for decision
4. In order to prove his case, plaintiff examined his attorney Sh. Somen Roy as PW-1 by tendering affidavit in evidence wherein the averments of the plaint were reiterated. PW-1 also proved on record various documents. The material documents inter alia are copy of SPA dated 12.07.2019, Copy of bank statement of the plaintiff on 03.08.2016, copy of MoU and copy of email etc. Plaintiff also examined PW-2 Sh. Amit Kumar who proved on record bank statement and Certificate under Section 65B of the Indian Evidence Act.
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5. The entire verbal testimony as well as the documentary evidence adduced on record remained unchallenged and un-controverted as defendants were ex parte throughout the proceeding. There is nothing on record to disbelieve the testimonies of PW-1 & PW-2.
Conclusion/Relief
6. In the light of aforesaid finding, the suit of the plaintiff is decreed for recovery of Rs. 18,75,000 along with a reasonable interest @ 12% p.a. from the date of filing of the suit till the date of realization of the amount. Cost of the suit is also awarded to the plaintiff as per rules. Decree sheet be prepared accordingly. File be consigned to record room after due compliance.
Digitally signed NARESH by NARESH
KUMAR KUMAR LAKA
Announced in the open Court today. LAKA
Date: 2024.09.07
16:57:17 +0530
(Naresh Kumar Laka)
DJ-07, Central, THC
07.09.2024
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