Delhi District Court
Sh. Gopal Pandey vs M/S. Swag Production Pvt. Ltd on 6 April, 2021
IN THE COURT OF MS. SHELLY ARORA
ADDITIONAL DISTRICT JUDGE 01 - SOUTH EAST
DISTRICT, SAKET COURTS, NEW DELHI.
CNR No. DLSE01-002359-2011
CS - 279/2019
Sh. Gopal Pandey
S/o. Sh. Ram Prasad Pandey
R/o. 3/16, Palm Road
Near Shipra Mall, Shipra Sun City
Indirapurm, Ghaziabad (UP) - 201014
..... Plaintiff
VERSUS
1. M/s. Swag Production Pvt. Ltd.
Through its Director / Authorised Signatory
Sh. Udit Oberai, Having its registered Office
Regus Business Centre Delhi
2 nd Floor, Elegance Tower
Mathura Road, Jasola
New Delhi - 110025.
2. Sh. Udit Oberai
Director / Authorized Signatory of
M/s. Swag Production Pvt. Ltd.
Regus Business Centre, Delhi
2 nd Floor, Elegance Tower
Mathura Road, Jasola
New Delhi - 110025.
Also at :
R/o. H. No. 463, Sector - 14
Vasundhara, Ghaziabad (UP)
3. Sh. Subhash Nagar
Director / Authorized Signatory of
CS - 279/2019 Gopal Pandey Vs. M/s. Swag Production Pvt. Ltd. and Ors. pg. 1 of 6
M/s. Swag Production Pvt. Ltd.
Regus Business Centre, Delhi
2 nd Floor, Elegance Tower, Mathura Road
Jasola, New Delhi - 110025.
...... Defendants
Date of Institution : 03.04.2019
Date of Reserving judgment : 01.04.2021
Date of Judgment : 06.04.2021
JUDGMENT
1. This is a suit under Order XXXVII CPC filed by Sh. Gopal Pandey (hereinafter referred as 'plaintiff') against M/s. Swag Production Pvt. Ltd. (hereinafter referred as defendant no.1) and directors of defendant no.1 Sh. Udit Oberai (hereinafter referred as defendant no.2) and Sh. Subhash Nagar (hereinafter referred as defendant no.3) for recovery of Rs. 04,96,783/- alongwith pendente lite and future interest @ 18% per annum.
2. The case of the plaintiff is that plaintiff and defendant no.2 personally known to each other being old friends. Defendants no. 2 approached the plaintiff in the month of July 2017 for a friendly loan of Rs. 2,30,000/-. Plaintiff paid a sum of Rs. 2,30,000/- from the account of his wife through cheques bearing no. 643107 dated 30.07.2017 drawn on Syndicate Bnk, Shipra Sun City, Indirapuram, Ghaziabad in the name of defendant no.1 for six months only. The defendant no.2 and 3 being Directors of defendant no.1 had transferred CS - 279/2019 Gopal Pandey Vs. M/s. Swag Production Pvt. Ltd. and Ors. pg. 2 of 6 some amount in the account of the plaintiff's wife from the account of defendant no.1 and requested the plaintiff to accept the repayment of above said loan partially in installments.
3. It is further submitted that in February 2018, defendant no.2 again approached the plaintiff and asked for further loan of Rs. 6,00,000/- for next six months. The plaintiff again acceded the request of the defendants and paid them from time to time an amount of Rs. 6,00,000/- through cheques from the account of plaintiff and his family members in favour of defendant no.1 and also Rs. 1,25,000/- in cash on 03.04.2018. It is further averred that plaintiff and his family members had paid a total amount of Rs. 8,30,000/- to the defendants out of which the defendants had paid a total amount of Rs. 5,43,972/- till 30.06.2018 to the plaintiff and his family members.
4. It is further averred that when defendants stopped transferring installments in the account of the plaintiff, the plaintiff asked the defendants for the repayment of the loan amount of Rs. 4,96,783/- but the defendants sought time to repay the said loan and despite several reminders and requests by the plaintiff, defendants neglected to pay the said loan amount on one or the other pretext.
5. In the month of August 2018, in discharge of the legal liability, defendants issued one cheque signed by the defendants no.2 and 3 from the current account of defendant no.1 bearing no. 671634 dated CS - 279/2019 Gopal Pandey Vs. M/s. Swag Production Pvt. Ltd. and Ors. pg. 3 of 6 25.08.2018 for a sum of Rs. 4,96,783/- drawn on Indusind Bank Ltd, Shop no. GF-1,2 & 5, Ground Floor, TDI Centre, Jasola, New Delhi - 110025 to the plaintiff towards full and final repayment of personal/friendly loan taken by the defendants. The said cheque on presentation got dishonoured with the remarks 'Funds Insufficient' vide cheque returning memo dated 13.11.2018. This fact was duly informed to the defendants but defendants did not pay the outstanding loan amount. A legal notice dated 12.12.2018 was also served upon the defendants but defendants failed to make the payment to the plaintiff, hence the present suit.
6. After institution of the suit, summons under Order XXXVII CPC were sent to defendant. Summons sent through ordinary process and registered post were received back unserved. Thereafter, defendant was ordered to be served through substituted mode by way of publication. Defendant was duly served by way of publication in Newspaper 'Veer Arjun' dated 30.01.2020, however no appearance has been filed till date. As time for filing appearance has expired and no appearance has been filed by the defendant, therefore, submissions have been heard on behalf of the plaintiff.
7. In support of his case, plaintiff has placed on record original cheque dated 25.08.2018 for a sum of Rs. 4,96,783/- issued in favour of plaintiff drawn on Indusind Bank, Jasola Branch, New Delhi, original cheque returning memos dated September 06,2018 and November CS - 279/2019 Gopal Pandey Vs. M/s. Swag Production Pvt. Ltd. and Ors. pg. 4 of 6 13,2018 , copy of legal notices dated 12.12.2018, alongwith original postal receipt. Therefore, the present suit is covered under Order XXXVII of the Code of Civil Procedure, as based upon cheque.
8.Order XXXVII R. 3 of Code of Civil Procedure provides as under :
(3) The defendant shall not defend the suit referred to in sub-rule(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 decree and such sum of 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.
9. In view of statutory provisions of law, as defendant has not filed his appearance within stipulated period as provided under the provisions of CPC, the averments in the plaint are deemed to be admitted. Further, this Court has jurisdiction to decide the present case as the defendants' office is at Jasola, New Delhi, also, the cheuqe issued by the defendants is drawn on Indusind Bank, Jasola New Delhi. Further, the suit is filed within limitation as the cheque is bearing the date 25.08.2018 and the suit was instituted on 03.04.2019. Plaintiff accordingly is held entitled to the principal amount of Rs. 4,96,783/-.
CS - 279/2019 Gopal Pandey Vs. M/s. Swag Production Pvt. Ltd. and Ors. pg. 5 of 6
10. Plaintiff has prayed interest on the principal amount of Rs. 4,96,783/- @ 18% per annum from the date of filing of the suit. However, considering the circumstances at hand, interest @ 9% per annum would serve the ends of justice.
11. Consequently, a decree of Rs. 4,96,783/- is passed in favour of the plaintiff and against the defendant no.1 alongwith interest @ 9% p.a. on the decreetal amount from the date of filing of the suit till date of decree. Further, future interest @ 6% p.a. is also granted on the decreetal amount from the date of decree till realisation.
12. Costs of the suit are also awarded in favour of the plaintiff and against the defendant no.1.
13. Decree sheet be prepared accordingly.
14. File be consigned to the record room after due compliance.
Announced in the open (SHELLY ARORA) Court on 06.04.2021. Additional District Judge 01(SE), Saket Courts, New Delhi. (sm) CS - 279/2019 Gopal Pandey Vs. M/s. Swag Production Pvt. Ltd. and Ors. pg. 6 of 6