Delhi District Court
Mr. Peerzada Shahnawaz vs M/S Welcome World Electrical Pvt. Ltd on 29 November, 2018
IN THE COURT OF MS. VINEETA GOYAL, ADDITIONAL
DISTRICT JUDGE - 03 (SOUTH) SAKET COURT COMPLEX,
NEW DELHI
Suit No. 8733/2016
CNR no. DLST010034882016
In the matter of
Mr. Peerzada Shahnawaz
S/o Mr. Peer Ghulam Ahmad
R/o Peth Dialgam, Anantnag,
Kashmir 192210 (J&K),
Presently at Flat no.102,
Canara Apartments, Sector13
Rohini, Delhi110085. ......... Plaintiff
Versus
1.M/s Welcome World Electrical Pvt. Ltd.
Having its registered office at 34A/1 Basement, Arjun Nagar, Safdarjang Enclave, Near Green Park Extension, New Delhi 110029 Through its Director Shri Rajeev Ranjan Kumar
2. Shri Rajeev Ranjan Kumar Director of M/s Welcome World Electrical Pvt. Ltd., 34A/1, Basement, Arjun Nagar, Safdarjung Enclave, Near Green Park Extn., New Delhi 110029 Also at:B3/31, Second Floor, Safdarjung Enclave, New Delhi - 110029. ........ Defendants Suit No.8733/16 Peerzada Shahnawaz v. M/s Welcome World & Anr. Page 1 of 6 Suit presented on : 11.08.2016 Reserved for Judgment : 22.11.2018 Judgment Pronounced on: 29.11.2018 Appearance : Sh. Raman Tomar, counsel for plaintiff.
Defendant exparte.
J U D G M E N T
1. The plaintiff has filed suit for recovery of Rs.6,13,915/ alongwith the pendentelite and future interest against the defendant.
2. Brief facts as epitomized in plaint are that the defendant no. 1 is a company duly incorporated under the Indian Companies Act, 1956 and the defendant no. 2 is one of its Directors. The defendant no. 1 had been awarded work order for installationTesting Commissioning of CFC, laying work of NFS Project for link ID5110 route location Razdan pass to dawar length 47 kms, as per scope of work of OFC NFS Project end to end of M/s Sterlite Technologies Ltd., Gurgaon, approved through open trenching method of length 47 Kms or OT method of length. It is further averred that vide Letter of Intent dated 13.05.2016 the defendant no. 1 had appointed the plaintiff as vendor and for the same the plaintiff had deposited with the defendants a sum of Rs.5,87,500/ as security deposit (EMD amount) vide Cheque no. 561874 dated 13.05.2016 drawn on the J&K Bank Ltd., for Rs.3 Lacs apart from Rs.2,87,500/ paid by the plaintiff to the defendant no. 1 through RTGS dated 10.05.2016. In order to enable the plaintiff to commence the work so entrusted, the plaintiff paid and deposited different amounts with the defendant no. 1 for obtaining Suit No.8733/16 Peerzada Shahnawaz v. M/s Welcome World & Anr. Page 2 of 6 permission from different departments, including BRO, PWD etc., and spent about Rs.12 Lacs and even the plaintiff engaged huge man power in the shape of labour and also procured machinery in order to implement the work assigned by the defendants. The prior to commencement of the work, it was revealed that the defendants had closed down its local office at Hotel Marvel, Nowgam, Byepass, Srinagar, Kashmir, apparently on account of some illegalities having been committed by the defendants and thus the work could not commence due to its leaving the local office without divulging its whereabouts. It was also revealed that the defendant no. 1 had played fraud and mischief with the principal namely M/s Sterlite Technologies Ltd., Gurgaon, and upon coming to know about the same, the defendants left the place after extorting huge amount from different persons including the plaintiff in the name of awarding sub contract of the said work. Due to persistent requests and demand being made by the plaintiff for refund of the entire amount deposited by the plaintiff apart from the actual amount incurred by the plaintiff as detailed above the defendant no. 1 in discharge of its liability qua the plaintiff, issued a cheque bearing no. 561838 dated 14.06.2016 for Rs.5,87,500/ drawn on Corporation Bankin favour of the plaintiff but the said cheque was returned unpaid/dishnoured with the remarks 'alterations not permitted' vide bank memo dated 27.06.2016. The plaintiff got served upon the defendants with a legal notice dated 05.07.2016 but the defendants failed to comply with the said notice, hence this suit.
Suit No.8733/16 Peerzada Shahnawaz v. M/s Welcome World & Anr. Page 3 of 63. Summons of suit was issued to the defendants and despite publication in daily newspaper "Times of India", none appeared on behalf of defendants for the reasons best known to them and were proceeded exparte vide order dt. 05.06.2017.
4. I have heard arguments advanced by Ld. Counsel for the plaintiff and gone through the material on record.
5. The plaintiff tendered his affidavit as Ex. PW1/A and made statement in consonance with the averments made in the plaint. He placed and proved Letter of Intent dated 13.05.2016 Ex.PW1/1 . Certified copy of cheque dated 14.06.2016 is Ex.PW1/2 and memo dated 27.06.2016 is Ex.PW1/3, attested copy of photocopy of notice dated 05.07.2016 is Ex.PW1/4, Attested copy of postal receipts are Ex.PW1/5, Certified copy of track report is Ex.PW1/6.
6. The plaintiff is seeking refund of security deposited with the defendants and when the later appointed him as vendor by issue of letter of intent dated 13.05.2016 Ex.PW1/1 which clearly mentions that security amount of Rs.5,87,500/ was to be sent to the defendant for the transaction. The plaintiff claims that this amount was paid through cheque dated 13.05.2016 of Rs.3,00,000/ (Rs. Three Lacs) and RTGS of Rs.2,87,500/ (Rs. Two Lacs Eighty Seven Thousand Five Hundred) on 10.05.2016. However, the work awarded to the defendant itself by Sterlite Technology ltd. did not take off, thus the defendant Suit No.8733/16 Peerzada Shahnawaz v. M/s Welcome World & Anr. Page 4 of 6 vanished from its local office in Srinagar. After the pursuance of the plaintiff, the defendant issued cheque no. 561838 dated 14.06.2016 for a sum of Rs.5,87,500/ in the form of PW1/2 which on presentation got dishonored mentioning alteration is not permitted. The evidence adduced by the plaintiff shows that security amount was deposited with the defendant by the plaintiff which need to be refunded since the work was carried out. The defendant neither appeared nor filed written statement and further not adduced any evidence to controvert the claim made by the plaintiff.
7. The defendants were proceeded exparte and no evidence was led by him and the evidence produced by the plaintiff goes on un challenged, uncontroverted and unrebutted.
8. The plaintiff has further claimed interest @18% p.a. from 13.05.2016 till the date of filing of suit, under the special circumstances, mentioned in the plaint attributing default of conduct of the defendant and difficulty faced by the plaintiff such rate of interest is reasonable and the plaintiff is entitled for interest of Rs.26,415/ from 13.05.2016 to 12.08.2016.
9. In view of the above discussion, the plaintiff is entitled for a decree against defendant for a sum of Rs.6,13,915/ (Rs. 587,500 being the principle amount and Rs.26,415/ being the interest calculated @ 18% p.a. from 13.05.2016 till 12.08.2016) alongwith pendentelite and future interest @ 6% p.a. from the date of filing of Suit No.8733/16 Peerzada Shahnawaz v. M/s Welcome World & Anr. Page 5 of 6 the suit till the actual realization of the decreetal amount. The plaintiff is also entitled to cost. Decree sheet be prepared accordingly.
File be consigned to record Room.
Digitally signed by VINEETA GOYALVINEETA Pronounced in open Court GOYAL Date:
2018.11.29 on 29.11.2018 16:27:02 +0530 (Vineeta Goyal) Additional District Judge03 (S) Saket Court Complex, New Delhi.Suit No.8733/16 Peerzada Shahnawaz v. M/s Welcome World & Anr. Page 6 of 6