Delhi High Court - Orders
M/S Jeena And Company vs Musk Freight Service Pvt. Ltd. & Anr on 24 December, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 579/2020
I.A.12706/2020 (under Section 151 CPC for exemption)
I.A.12707/2020 (under Order XXXIX Rule 1 and 2 CPC)
M/S JEENA AND COMPANY ...... Plaintiff
Represented by: Mr.Saurabh Prakash, Advocate.
versus
MUSK FREIGHT SERVICE PVT. LTD. & ANR. ...... Defendant
Represented by: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 24.12.2020 The hearing has been conducted through video conferencing. I.A.12706/2020 (exemption)
1. Exemption allowed subject to just exceptions.
2. Application is disposed of.
CS(COMM) 579/2020 I.A.12707/2020 (under Order XXXIX Rule 1 and 2 CPC)
1. Plaint be registered as a suit.
2. Issue summons in the suit and notice in the application to the defendants on the plaintiff taking steps through Email, SMS, Whatsapp, Speed Post and Courier, returnable before the learned Joint Registrar for completion of service, pleadings and admission-denial of documents on 23rd February 2021.
Signature Not Verified Digitally Signed By:JUSTICECS(COMM) 579/2020 PageGUPTA MUKTA 1 of 3 Signing Date:24.12.2020 19:05:04
3. Written statements to the suit and reply affidavits to the application along with the affidavits of admission-denial be filed within thirty days. Replication and rejoinder affidavit along with the affidavit of admission- denial within three weeks thereafter.
4. List the suit and application before Court on 9th July, 2021.
5. The present suit has been filed by the plaintiff claiming that the defendant No.1 entered into an agreement dated 19 th June, 2019 for availing the plaintiff's services as an International Airport Association Agent for booking and forwarding of shipments brought by the defendant No. 1. At the time of entering into the agreement, the defendant No. 1 handed over an undated cheque bearing No.002211 for a sum of ₹50 lakhs as security for the due performance of the terms of the agreement. Later, in July 2019, the credit limit of defendant No.1 was revised to ₹1,50,00,000/- which was further revised to ₹3 Crores in August 2019.
6. By March 2020, the credit limit of ₹5 Crores towards the defendant No. 1 exhausted and he crossed over the said limit when the plaintiff started rigorously pursuing for its payment from defendant No.1. Despite various communications between the parties, the defendant No.1 failed to pay the dues of the plaintiff. Vide letter dated 9th July, 2020, defendant No.2 personally guaranteed the principal outstanding of the defendant No.1, acknowledging the liability of ₹5,47,70,726/-. Since the said amount in the letter of defendant No.2 was incorrect, the defendant No. 2 later revised the said amount by its Email dated 10th July, 2020 to the outstanding amount being due as ₹5,59,50,250/-. On the personal guarantee of defendant No.2 and believing the representation of the defendant No.1, the plaintiff further extended the credit limit to ₹7 Crores for the defendant No.1 for a credit Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 579/2020 PageGUPTA MUKTA 2 of 3 Signing Date:24.12.2020 19:05:04 period of 60 days stretching maximum to 75 days. However, since the defendant No.1 failed to make the outstanding payments and only paid a sum of ₹10 lakhs on 24th September, 2020, ₹10 lakhs on 15th October, 2020 and the third post dated cheque for a sum of ₹10 lakhs got dishonoured, the plaintiff issued notices, however, defendants failed to make the payments to the plaintiff. Consequently, the present suit.
7. Considering the continuous course of conduct of default by the defendant No.1, the plaintiff has made out a prima facie case for attachment before judgment in respect of the properties mentioned as Document III at page 22 of the Documents file. Consequently, till the next date of hearing before this Court, the defendant Nos. 1 and 2 are restrained from creating any third party rights in the following properties:-
(i) Flat No.1275, Sector D, Pocket-1, Vasant Kunj, New Delhi-110070
(ii) Flat No. A261-262, 1st Floor, Road No.6, Mahipalpur Extension, New Delhi-110037
(iii) C-6/7 flat number 6544, 0lst-floor duplex, Vasant Kunj, New Delhi
8. Compliance under Order XXXIX Rule 3 CPC be done within one week.
9. Copy of the order be uploaded on the website of this Court.
MUKTA GUPTA, J.
DECEMBER 24, 2020 akb Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 579/2020 PageGUPTA MUKTA 3 of 3 Signing Date:24.12.2020 19:05:04