Delhi District Court
Mrs. Kavita W/O Sh. Pramod vs Sh. Awadhesh Kumar Srivastava on 13 March, 2015
IN THE COURT OF SH. PRANJAL ANEJA
CIVIL JUDGE-06, CENTRAL, TIS HAZARI COURT, DELHI
Suit no. 51/13
Unique ID No. 02401C0124032013
Mrs. Kavita W/o Sh. Pramod
R/o H. No. 338, Gali Basheshwar Nath,
Malka Ganj, Sabzi Mandi, Delhi- 1100007.
.....Plaintiff
Versus
1. Sh. Awadhesh Kumar Srivastava
(General Secretary of NGO SAMARPAN)
R/o 423, Sector- 4, Timarpur, Delhi\
Also At
Election Voter I, Card Office,
AC-3, Timarpur, Delhi- 54
(To be served through its Manager/ Director)
2. GOD ACTION (NGO)
(Through its President Mr. S. K. Rai)
16/10, New Rohtak Road,
Near Faiz Road Crossing,
Karol Bagh, New Delhi
.....Defendants
SUIT FOR RECOVERY OF Rs. 1,50,000/- (RUPEES ONE LAC
FIFTY THOUSAND ONLY) WITH INTEREST @ 24% PER
Suit. No. 51/13 Page No. 1 of 5
Kavita V. Avadhesh Kumar & Anr. On 13th March, 2015
ANNUM TILL ITS REALIZATION
DATE OF FILING OF THE SUIT : 13.03.2013
DATE ON WHICH RESERVED
FOR JUDGMENT : 28.02.2015
DATE OF ORDER/JUDGMENT : 13.03.2015
JUDGMENT
1. The present suit has been filed by the plaintiff against the defendants for recovery of Rs. 1,50,000/- along with interest @ 24% per annum till its realization.
2. The brief facts of the case as per the plaint are that defendant no. 1 approached the plaintiff for urgent need of money and demanded Rs. 1,50,000/- stating that he has got a project for plantation in Delhi through NGO namely GOD ACTION / defendant no. 2 and assured the plaintiff to give 10% out of total income earned from the said project. That the plaintiff believing the words, gave defendant no. 1 a sum of Rs. 1,50,000/- in cash in the presence of witnesses and defendant no 1 executed a promissory note on 22.3.12 promising to pay on or before 05.4.12 but defendant after passing of the date sought more time to return money and kept avoiding the payment. It is stated that on persistent demands, defendant no. 2 stood surety/ guarantor and handed over cheque Suit. No. 51/13 Page No. 2 of 5 Kavita V. Avadhesh Kumar & Anr. On 13th March, 2015 bearing no. 052581 dt. 02.4.12 for Rs. 1,50,000/- and also handed over a copy of donation agreement between defendant no. 1 and 2 and assured that defendant no. 2 is going to donate handsome amount to defendant no. 1. That after giving this cheque, the defendants continuously kept requesting the plaintiff not to present the same and the plaintiff being a lady could not understand their malafide intention and when she presented the said cheque it came dishonored with remarks 'Instrument outdated/ stale'. The plaintiff also complained to the police vide DD entry but no action was taken. A decree for Rs. 1,50,000/- with interest @ 24% per annum from the date of dishonoring of cheque till realization is prayed. \
3. Summons were issued to the defendant. Although defendant no. 1 appeared through his counsel and was granted an opportunity vide order dt. 06.05.14 to file WS, yet he did not avail that opportunity.
4. To substantiate her case on judicial file, plaintiff herself appeared as PW-1 and filed her affidavit in evidence as EX PW 1/A. Plaintiff also got examined her husband as PW-2 stating himself to be the attesting witness to the promissory note. His affidavit in evidence is EX PW 2/A. In documentary evidence, plaintiff filed and relied upon original promissory note EX PW 1/1 executed by defendant no. 1, original cheque EX PW 1/2 executed by defendant no. 2, cheque return memo EX PW 1/3, copy of complaint EX PW Suit. No. 51/13 Page No. 3 of 5 Kavita V. Avadhesh Kumar & Anr. On 13th March, 2015 1/4, photocopy of donation agreement Mark A.
5. I have heard the arguments as addressed on behalf of the plaintiff and perused the record. Ld. Counsel for the plaintiff has argued that the case of the plaintiff stands unrebutted and uncontroverted and thus duly proved on record.
6. Initially, the present suit was filed as a summary suit u/o XXXVII CPC but vide order dt. 18.3.13 it was treated as an ordinary suit. Plaintiff has filed the present suit to recover the amount given as loan to defendant no. 1 for which defendant no. 2 stood as surety and issued a cheque for the same amount. It is alleged by the plaintiff that defendant no. 1 borrowed Rs. 1,50,000/- from her and promised to give 10% of the total income earned for the project for plantation through defendant no. 2. The defendant no. 1 also executed promissory note dt. 22.3.12 EX PW 1/1. It is further alleged that plaintiff demanded the money but defendant no. 1 kept on avoiding and on persistent demands of the plaintiff, defendant no. 2 stood surety/ guarantor for defendant no. 1 and handed over cheque bearing no. 052581. The said cheque is EX PW 1/2. There can be no doubt that the cheque has been dishonored which is clear from return memo EX PW 1/3. Plaintiff has also lodged police complaint vide DD entry which is EX PW 1/4. It is noted that the defendant no. 1 despite appearing and being given an opportunity to defend the suit did not avail the same. Hence, I have Suit. No. 51/13 Page No. 4 of 5 Kavita V. Avadhesh Kumar & Anr. On 13th March, 2015 no hesitation to hold that the case of the plaintiff remained unrebutted and uncontroverted and thus duly proved on record. The issuance of the cheque EX PW 1/2 also makes defendant no. 2 liable. Thus, defendants are jointly and severally liable to repay the said amount of Rs. 1,50,000/- to the plaintiff. Plaintiff has claimed interest @ 24% per annum. But there is no stipulation of any interest between the parties shown on record. However, since the transaction was non gratuitous, I grant interest @ 12% per annum pendentelite and future on the said amount of Rs. 1,50,000/-.
RELIEF On the basis of above findings, the present suit is hereby decreed for a sum of Rs. 1,50,000 (Rupees One Lac and Fifty Thousand Only) in favour of the plaintiff and against the defendants jointly and severally along with pendentelite and future interest @ 12% (Twelve Per Cent) per annum on the aforesaid amount till realization.
Costs of the suit are also awarded in favour of the plaintiff. Decree sheet be prepared accordingly.
File be consigned to record room after necessary compliance.
Announced in open Court (PRANJAL ANEJA)
on 13.03.2015 CIVIL JUDGE-06, CENTRAL
THC/DELHI/13.03.2015
Suit. No. 51/13 Page No. 5 of 5
Kavita V. Avadhesh Kumar & Anr. On 13th March, 2015