Delhi District Court
M/S Rashi Peripherals Pvt. Ltd vs Mobile Solutions on 4 April, 2013
IN THE COURT OF MS. POONAM CHAUDHARY ADDITIONAL DISTRICT
JUDGE05, SAKET COURT, NEW DELHI
SUIT NO. 295/2012
IN THE MATTER OF :
M/s RASHI PERIPHERALS PVT. LTD.
312A/314, MANSAROVAR,
90, NEHRU PLACE, NEW DELHI110019
THROUGH ITS OFFICER
SH. RAMESH SINGH RAWAT ....PLAINTIFF
VERSUS
1 MOBILE SOLUTIONS
THROUGH ITS PROPRIETOR/PARTNER
C10, SHOP No. 10, AMAR COLONY
LAJPAT NAGAR, NEW DELHI110024
2 MR. PAWAN (PROPRIETOR/PARTNER)
MOBILE SOLUTIONS,
C10, SHOP NO. 3, AMAR COLONY
LAJPAT NAGAR, NEW DELHI110024
ALSO AT :
A BLOCK, 1791, GREEN FIELD
FARIDABAD, HARYANA ....DEFENDANTS
Date of Institution : 13.09.2012
Date of Arguments : 28.03.2013
Date of Judgment : 04.04.2013
M/s Rashi Peripherals Pvt. Ltd. Vs. Mobile Solutions & Others Page 1
JUDGEMENT
1. This is the suit filed by the plaintiff under Order XXXVII Code of Civil Procedure (hereinafter referred to as CPC) for recovery of Rs. 3,54,716/ against the defendants.
2. Briefly the facts of the case are that the plaintiff is duly registered Private Limited Company having its registered office at 5th Floor, Ariisto House, Telli Calli Corner, Andheri East, Mumbai 69 and branch office at 312 A/314, Mansarovar, 90, Nehru Place, New Delhi19. It is also alleged that the suit has been filed by Sh. Ramesh Singh Rawat, Manager Sales who is the authorized representative of the plaintiff company who is authorized to sign, verify and file the suit vide board resolution dated 07.07.2012.
3. It is alleged that the plaintiff has been carrying on the business of computers & Computer peripherals dealer. It is also alleged that the defendants 'Mobile Solutions' and 'Mr. Pawan' are the proprietorship/partnership firm. It is further alleged that the defendants purchased computer parts on credit from the plaintiff vide invoices bearing numbers 1100019497 dated 21.07.2011 of amount Rs. 99,900/, 1100019497 dated 21.07.2011 Rs, 39,790/, 1100019911 dated 25.07.2011 Rs. 104,980/ and 1100020031 dated 26.07.2011 Rs. 77,500/.
4. It is averred that the defendants acknowledged and confirmed the said liability and towards partial discharge of the same, issued the cheque numbers: CHEQUE NO. DATE AMOUNT 1 836320 02.08.2011 36,305/ 2 836309 30.07.2011 29,600/ 3 836319 10.08.2011 27,252/ M/s Rashi Peripherals Pvt. Ltd. Vs. Mobile Solutions & Others Page 2 4 836307 10.08.2011 27,252/ All drawn on Delhi Nagrik Sehkari Bank Limited.
and cheques
CHEQUE NO. DATE AMOUNT
5 005662 18.06.2011 15,950/
6 000551 27.07.2011 36,395/
7 000558 09.08.2011 27,252/
8 000557 04.08.2011 27,252/
9 000556 06.08.2011 27,252/
Drawn on PMC Bank in favour of the plaintiff company.
5. It is further alleged that the cheques were issued and given with an undertaking that the same were good for payment and would be honored on presentation and that believing the assurances of the defendant, the plaintiff accepted the said cheques and duly presented the aforesaid cheques. But on presentation the same were returned back dishonoured with remarks "Funds Insufficient". It is further averred that the plaintiff brought the said fact to the notice of the defendants but to no avail. The defendants did nothing to repay the due amount.
6. It is also averred that due to the inaction of the defendants, the plaintiff sent a legal notices dated 05.03.2012 to the defendant. The said notice was duly served upon the defendants through speed post & courier. However, despite service of legal notice, the defendants have not made any payment. It is also alleged that as per the accounts maintained by the plaintiff in ordinary course of business a sum of Rs. 2,54,420/ is due & payable by the defendants from 27.07.2011 onwards. It is also alleged that interest @ 24% per annum on the said amount is also due. It is further averred that the accounts between the parties are open, current and mutual.
7. It is also alleged that the defendants are liable to pay a sum of Rs. 1,00,296/ M/s Rashi Peripherals Pvt. Ltd. Vs. Mobile Solutions & Others Page 3 as interest @ 24% per annum on the aforesaid amount of Rs. 2,54,420/ as per agreement, market custom, trade usage and under the Interest Act up till the period of till 01.08.2012.
8. It is averred that the present suit is under Order XXXVII CPC, 1908 as amended upto date for a liquidated sum only and no relief has been claimed in this suit which does not fall within the ambit of this rule. It is further averred that the suit is within the period of limitation as prescribed in law.
9. It is also averred that this Court has the jurisdiction to try the suit as the parties to the suit reside and work for gain in Delhi. It is also averred that the order for supply of material was given into at Delhi, the cheques were also presented and dishonoured at Delhi and the payments were to be made at Delhi and the notice was also issued from Delhi, hence, this court has the territorial jurisdiction to adjudicate the present suit.
10. The summons under the prescribed format under order 37 CPC were issued to the defendants but were returned with the report that no such person resides at the given address. Accordingly, the defendants were served with the summons under order 37 CPC by publication in the newspaper "Statesman". The defendants however, did not file appearance within the period prescribed under order 37 Rule 3 Sub Rule (1) CPC. The report of ministerial staff is also perused to this effect.
11. Ld. counsel for the plaintiff has argued that the plaintiff is entitled to a decree as defendant has failed to enter appearance within the stipulated period of 10 days as prescribed under Order XXXVII Rule 2 Sub Rule (3) of CPC which is as follows :
"The defendant shall not defend the suit referred to in subrule (1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified, if any, up to the date of the M/s Rashi Peripherals Pvt. Ltd. Vs. Mobile Solutions & Others Page 4 decree and such sum for costs as may be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith".
12. Thus, the facts narrated in para No. 4 and 5 are deemed to be admitted by defendants for want of filing of appearance. Present suit being summary suit accordingly, plaintiff is entitled to decree for a sum of Rs. 3,54,716/ with interest @ 9 % per annum which is the prevailing bank rate of interest, as the cheques were issued in discharge of commercial transaction, from the date of filing of suit upto the date of decree along with the cost of the suit. Decree sheet be prepared accordingly.
13. File be consigned to Record Room after due compliance.
Announced in the open Court (POONAM CHAUDHARY)
on 04.04.2013 ADJ05, SAKET COURT COMPLEX,
NEW DELHI
M/s Rashi Peripherals Pvt. Ltd. Vs. Mobile Solutions & Others Page 5
M/s Rashi Peripherals Pvt. Ltd. Vs. Mobile Solutions & Others Page 6 Suit No. 295/2012 M/s Rashi Peripherals Pvt. Ltd.
vs. Mobile Solutions & Ors.
04.04.2013 Present: Counsel for the plaintiff.
Vide separate judgment, I pass a decree for a sum of Rs. 3,54,716/ with interest @ 9 % per annum which is the prevailing bank rate of interest, as the cheques were issued in discharge of commercial transaction, in favour of the plaintiff and against the defendant, from the date of filing of suit upto the date of decree along with the cost of the suit. Decree sheet be prepared accordingly.
File be consigned to Record Room after due compliance.
Announced in the open Court (POONAM CHAUDHARY)
on 04.04.2013 ADJ05, SAKET COURT COMPLEX,
NEW DELHI
M/s Rashi Peripherals Pvt. Ltd. Vs. Mobile Solutions & Others Page 7