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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.

M/s Sugam Travels Private Limited v. M/s Subh Yatra Com. Tour & Travels and others. -:: Page 2 of 6 ::-

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.

M/s Sugam Travels Private Limited v. M/s Subh Yatra Com. Tour & Travels and others. -:: Page 3 of 6 ::-

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 :-

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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