Delhi District Court
M/S Sugam Travels Pvt. Ltd vs M/S Subh Yatra. Com Tour & Travels on 21 July, 2012
IN THE COURT OF MS.NIVEDITA ANIL SHARMA,
ADDITIONAL DISTRICT JUDGE-02, WAKF TRIBUNAL,
NEW DELHI DISTRICT, PATIALA HOUSE COURTS,
NEW DELHI
Suit Number : 362/2010.
Unique Case ID Number : 02403C0296952010.
M/s Sugam Travels Pvt. Ltd.
Having its registered office at
1005, Aakashdeep Building,
10th Floor, Barakhamba Road, New Delhi,
Through its Authorized representative, Mr. Manoj Kumar.
.....................................................................................................Plaintiff.
Versus
1. M/s Subh Yatra. com Tour & Travels,
KD/8, City Center, Sector-4,
Bokaro Steel City, Bokaro,
Jharkhand-827004, Through its partners.
2. Mr. Arvind Vikas,
Son of Mr. Dinesh Prasad Singh,
Partner of M/s Subh Yatra.com Tour & Travels,
Resident of Quarter No.4113, Sector 4-G,
Bokaro Steel City, Bokaro, Jharkhand-827004.
Also at :
M/s Max New York Life Insurance Co. Ltd.
Plot No.1 First Floor, Hindustan Auto Agency,
Sector-4, C.T.Center, Bokaro Steel City, Jharkhand-827004.
3. Mr. Sanjay Kumar,
Son of Mr. Babu Lal Prasad,
Partner of M/s Subh Yatra. com Tour & Travels,
Resident of 2-249, Sector 2/D,
Bokaro Steel City, Bokaro, Jharkhand-827004.
4. Mr. Anand Raj,
Son of Mr. R.N.Prasad Yadav,
Partner of M/s Subh Yatra. com Tour & Travels,
Resident of Quarter No.162, Street no.1.
Sector 9-A, Bokaro Steel City, Bokaro, Jharkhand-827004.
Also At :
Suit Number : 362/2010.
Unique Case ID Number : 02403C0296952010.
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Village & Post Nandpur Amwari, District Siwan, Bihar,
Through Smt. Saroj @ Guria wife of Mr. Anand Raj.
...............................................................................................Defendants .
Date of institution : 28.09.2010.
Date of conclusion of arguments : 21.07.2012.
Date of judgment : 21.07.2012.
Appearances: Mr.Ramesh Yadav, counsel for the plaintiff
Defendant numbers 1, 3 and 4 have already been proceeded
ex parte vide order dated 28.03.2012.
Defendant number 2 has already been proceeded ex parte
vide order dated 17.01.2011.
JUDGMENT
1. M/s Sugam Travels Private Limited, the plaintiff, has filed the present suit against M/s Subh Yatra. com Tour & Travels, Mr. Arvind Vikas, Mr. Sanjay Kumar and Mr. Anand Raj, all the defendants, for recovery of Rs.8,25,463/- along with pendentelite and future interest on the amount due @ 24% per annum form the date of institute of the present suit till the date of realization.
2. It is averred that the defendants have approached and requested the plaintiff company for the purchase of air tickets of the sector of Calcutta-Port Blair-Calcutta director Calcutta-Chennai Port Blair- Calcutta in the month of April, 2007 and agreed to pay the consideration amount of the tickets timely. Defendants have purchased a number of air tickets in the month of September, 2007 vide invoices from time to time as per requirement of their order from the plaintiff company on credit basis during the course of the commercial transaction. The plaintiff has been maintained regular books of account statement in the ordinary course of business and has been crediting the amount as and when paid by the aforesaid defendant through account towards part payment of the Suit Number : 362/2010.
Unique Case ID Number : 02403C0296952010.
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outstanding amount. Defendants had made various payments from time to time from the month of April to September, 2007. In the month of September, 2007, the defendants had purchased several number of air tickets vide invoice no. 39256 datd 15.09.2007 for a total sum of Rs. 1,40,502/- invoice no. 39266 dated 17.09.2007 for a total sum of Rs. 2,94,039/-, invoice no. 39297 dated 21.09.2007 for a total sum of Rs. 2,94,616/- and invoice no. 39327 dated 24.09.2007 for a total sum of Rs. 63,505/- and the previous outstanding was Rs.32,601/- against the defendants. As per the account maintained by the plaintiff company and as per the details of statements of bill/invoices and payments records a sum of Rs.8,25,463/- was outstanding dues against the defendants as on 24.09.2007. In discharge of liability, the defendants have issued a cheque no. 053516 dated 27.09.2007 for a sum of Rs.3,00,000/- drawn on UTI Bank Ltd in favour of the plaintiff. The plaintiff deposited the said with his banker but the same was dishonoured by the bank of defendants on dated 28.03.2008 with remarks "insufficient funds". Plaintiff sent a legal demand notice dated 25.04.2008 through his counsel vide registered AD as well as UP but despite of service of the legal notice the defendants neither replied the said notice nor made the payment; hence the plaintiff filed a complaint case under section 138 NI Act against the defendants, which is pending before the Court of Mr. Manoj Kumar, learned MM, Delhi. Plaintiff has regularly approached the defendants to pay the outstanding amount of Rs.
8,25,463/- but the defendants are avoiding the same on false pretexts and failed to make payment to the plaintiff. Plaintiff has prayed to pass a decree in favour of the plaintiff against the defendants for a sum of Rs. 8,25,463/- along with interest @ 24 % per annum; pass a decree for pendente lite and future interest @ 24% per annum from the date of institute of the present suit till the date of realization ; pass a decree directing the defendants to Suit Number : 362/2010.
Unique Case ID Number : 02403C0296952010.
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pay the cost of the present suit.
4. Summons of the case were served upon all the defendants.
However all defendants have failed to put their appearance despite their service. Defendant number 2 has been proceeded ex parte vide order dated 17.01.2011. Defendant numbers 1 , 3 and 4 have been proceeded ex parte vide order dated 28.03.2012.
5. In order to prove its case, the plaintiff has examined Mr. Manoj Kumar, Authorized Representative, as PW1. He has filed his affidavit in evidence reiterating and reasserting the averments made in the petition. He stated that defendants owes to the plaintiff a sum of Rs. 8,25,463/- to the plaintiff as per the statement of account of the plaintiff and plaintiff is entitled to pendente elite and future interest on the said amount due @ 24 % per annum from the date of the respective invoices. He has also proved the documents :-
a) Certified copy of the SPA(02 pages) - Ex.PW1/1.
b) Copy of I-Card of deponent - Ex.PW1/2.
c) Copies of invoices are exhibited (07 pages)- Ex.PW1/3
(colly).
d) Copy of legal/demand notice dated 25.04.2008 (3 pages)-
Ex.PW1/4.
e) Certified copy of cheque bearing no. 053516 dated
27.09.2007 drawn on UTI Bank along with returning memo-
Ex.PW1/05 (03 pages) Colly .
f) Copy of attestation entry of partnership deed is marked as PW-1/A.
6. I have heard the arguments at length and have given my conscious thought and prolonged consideration to the material on record, relevant provisions of law and the precedents on the point.
7. The evidence of the witness of the plaintiff is uncontroverted Suit Number : 362/2010.
Unique Case ID Number : 02403C0296952010.
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and unrebutted as the defendants have already been proceeded ex parte and he is not cross examined. Therefore, a presumption can also be drawn that the defendants have impliedly admitted the claim of the plaintiff. The evidence of the witness of the plaintiff and the documents produced and proved by him clearly show that the rights of the plaintiff have been violated and it is entitled to decree of recovery of money. There appears to be no impediment in granting the relief to the plaintiff, as claimed in the plaint.
8. As regards the rate of interest, I am of the considered opinion that the interest at the rate of 24 % per annum appears to be arbitrary and on higher side and therefore, interest at the rate of 11 % per annum should be fair and should be paid.
9. Accordingly, in view of the foregoing reasons and discussion as well as the facts and circumstances of the case, the suit is hereby decreed in favour of the plaintiff and against the defendant and a decree for amount of Rs.8,25,463/- along with interest at the rate of 11 % per annum along with the pendente lite interest and future interest from the date of filing of the suit till the payment of the outstanding amount is hereby passed.
10. There shall be no orders as to the costs. Decree sheet be accordingly prepared.
11. After doing the needful, the file be consigned to the record room.
Suit Number : 362/2010.
Unique Case ID Number : 02403C0296952010.
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Announced in the open Court (NIVEDITA ANIL SHARMA)
on this 21st day of July, 2012. ADJ-02, Wakf Tribunal, New Delhi.
Suit Number : 362/2010.
Unique Case ID Number : 02403C0296952010.
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