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1. By way of present judgement, the court shall conscientiously adjudicate upon the present suit under order XXXVII Suit No.335/11 M/s Velca Racking Systems P. Ltd. Vs M/s Advisions Infra & Basic Amenities Ltd. 1/6 CPC filed by the plaintiff against defendant for recovery of Rs.12, 24,452/­ alongwith interest pendentelite & future. The plaintiff has also prayed for costs of the suit.

2. Briefly stating the plaintiff is a private company having its office/showroom at TF­1, Plot No.5, Wadhwa Plaza, Sector­10, Central Market, Dwarka, New Delhi and the factory situated at Plot No. 156, Sector­6, IMT Industrial Area, Manesar, Gurgaon, Haryana, and Shri K.K. Basheer, Managing Director of the plaintiff company who is well conversant with the facts of the case is authorized to institute, sign, verify and file the instant suit on behalf of the plaintiff company vide resolution dated 28.12.2009 of the Board of Directors of the plaintiff company. It is further the case of the plaintiff that the defendant No.1 M/s Advisions Infra and Basic amenities Ltd. (AIBA Ltd.) is a limited company and defendant No.2 is the Chairman­cum­ Managing Director of defendant No.1 and is solely responsible for the debt of company who is also controlling and managing the date to day affairs of the defendant No.1 and the defendants during the period between 09.06.2009 to 23.08.2009 had purchased the Display Rack materials for supermarket from plaintiff for a sum of Rs.15,41,623/­ Suit No.335/11 M/s Velca Racking Systems P. Ltd. Vs M/s Advisions Infra & Basic Amenities Ltd. 2/6 and in consideration of the same, the defendant No.2 issued three cheques i.e. cheque bearing No. 219103 dated 12.08.2009 for Rs. 3,00,000/­, cheque No. 219105 dated 22.08.2009 of Rs.3,00,000/­ and cheque No. 222722 dated 06.09.2009 for Rs.6,24,452/­ on behalf of defendant No.1, however, the defendant left the outstanding balance of Rs.3,17,000/­ for which the defendants have neither issued any cheque nor made such payment till date with one pretext or the other despite several requests made by the plaintiff and the plaintiff reserves his right to recover the same as per law. It is further the case of the plaintiff that at the request of the defendant, the plaintiff presented the above­said three cheques for encashment in his banker i.e. The South Indian Bank Ltd., New Delhi but was got surprised that all three cheques were dishonoured on 14.08.2009, 24.08.2009 and 06.09.2009 and the returned received stating the reasons "Fund Insufficient". It is further the case of the plaintiff that the information regarding dishonour of cheques were sent to the defendants and the defendants requested the plaintiff to present the cheques again and the plaintiffs presented the above said three cheques but again they got dishonoured vide returned memo dated 15.09.2009 on the same ground i.e. ''Insufficient Funds" and "Payment stopped by drawer". The plaintiff Suit No.335/11 M/s Velca Racking Systems P. Ltd. Vs M/s Advisions Infra & Basic Amenities Ltd. 3/6 again contacted the defendants and informed the dishonouring of cheque and demanded the cheque amount as well as balance amount but the defendant has not paid and instead he again requested and gave assurance to the plaintiff to present all three cheques with his banker again. The plaintiff accordingly presented the said cheques for the third time but again they got dishonoured on the same ground vide return memo dated 14.11.2009. It is further the case of the plaintiff that the plaintiff tried to contact the defendant on telephone but the defendant deliberately did not pick up the telephone and the plaintiff again tried to contact the defendants and demanding the amount of the dishonor cheques as well as the balance amount but all in vain. It is further the case of the plaintiff that when the defendant avoided to make the payment, the plaintiff served a legal notice dated 14.01.2010 upon the defendant but the defendant did not pay the amount. The cause of action is stated to have arisen in favour of the plaintiff and against the defendant between 09.06.2009 to 23.08.2009 when the orders were placed by the defendants for supply of Racks and further arose on 14.08.2009, 24.08.2009 and 06.09.2009 lastly arose on 14.01.2010 when the legal notice was sent. Hence the present suit Rs. 12,24,452/­ as principal amount alongwith pendent­lite and future Suit No.335/11 M/s Velca Racking Systems P. Ltd. Vs M/s Advisions Infra & Basic Amenities Ltd. 4/6 interest and the costs of the suit.

5. Defendant has failed to enter his appearance within the statutory period of 10 days as required under the law. In terms of rule 2 sub rule (3) of order XXXVII of the CPC, in case of default in not making the appearance within the stipulated period, the averments made in the plaint are deemed to be admistted and the plaintiff is entitled to a decree forthwith. Accordingly suit of the plaintiff is Suit No.335/11 M/s Velca Racking Systems P. Ltd. Vs M/s Advisions Infra & Basic Amenities Ltd. 5/6 decreed against defendants and plaintiff is entitled to a recovery of Rs. 12,24,452/­ against the defendant. Plaintiff is also entitled to interest @ 18% per annum being the commercial interest on such amount from the date of filing of the suit till the date of its decree. In the specific fact and circumstances of the case plaintiff is also entitled to the costs of the suit. Suit of plaintiff is accordingly decreed. Decree sheet be drawn accordingly. File be consigned to record room after due completion . 




                                           (MUKESH KUMAR GUPTA)
DATED 22.07.2011                     ADJ­03/(SW)/DWARKA/DELHI 
ANNOUNCED IN THE OPEN COURT .                            (PK)




Suit No.335/11   M/s Velca Racking Systems P. Ltd.   Vs   M/s Advisions Infra & Basic Amenities Ltd.      6/6