JUDGMENT Badar Durrez Ahmed, J.
1. The plaintiff has filed this suit for recovery praying for a decree in the sum of Rs. 22,68,150.95 against the defendant along with interest at 24% per annum from the date of the suit till actual payment. The plaintiff has also prayed for costs.
2. Initially the defendant appeared and filed its written statement. But, subsequently, it failed to appear and by an order dated 08.02.2005 the defendant was directed to be proceeded as ex parte. Thereafter, the plaintiff has led its ex parte evidence by filing the affidavit by way of evidence of one Mr Shaji Paul who is the General Manager (Commercial) and the duly authorised representative of the plaintiff company. Along with the affidavit, various documents have been filed and exhibited being Exhibit PW1/1 to PW1/15. The plaintiff has also filed an additional affidavit of the said Mr Shaji Paul by way of evidence after obtaining permission of this court on 13.12.2005. The same has been filed today and is taken on record. Along with additional affidavit three other documents being Exhibit P1, P2 and P3 have also been filed. Exhibit P1 is the extract of the Board Resolution authorising Mr K.L. Aggarwal who had signed and verified the plaint. Exhibit P2 is the extract of the Board Resolution dated 03.12.2002 in favor of the said Mr Shaji Paul and Exhibit P3 is a copy of the Certificate of Incorporation and Memorandum and Articles of Association of the plaintiff company.
3. The brief facts are that the plaintiff and the defendant had entered into an oral understanding in the month of June 1999 to organise a charity event by the name of Aey Watan Tere Liye for the heroes of Kargil. The plaintiff and the defendant had agreed that they would equally contribute to the expenses for the said event and would share the profits and liabilities equally. It so happened that the event, after it had been staged, resulted in a financial loss to the extent of Rs. 50,35,365.90 as stated in paragraph 12 of the affidavit by way of evidence. In terms of the agreement between the plaintiff and the defendant half of this liability of Rs. 50,35,365.90 was to be borne by the plaintiff and the other half by the defendant. The defendant, however, has only paid a sum of Rs. 4,10,000/- and the entire balance amount of the expenses has been incurred by the plaintiff. Accordingly, the plaintiff has filed this suit for recovery of the expenditure incurred by the plaintiff on account of the defendant's share as agreed upon.
4. After examining the pleadings as well as the evidence on record, I am satisfied that the plaintiff has been able to prove his case inasmuch as that he is entitled to recover from the defendant the portion of expenditure which the plaintiff has incurred on behalf of the defendant amounting to a sum of Rs. 21,07,682.95 as indicated in paragraphs 20 and 22 of the affidavit by way of evidence. The plaintiff has, however, included interest on this amount and come to a figure of Rs. 22,68,150.95 as being due on the date of the filing of the suit. Accordingly, a decree in the sum of Rs. 22,68,150.95 is passed in favor of the plaintiff and against the defendant along with interest on this amount @ 9% from the date of the suit till actual payment. The plaintiff would also be entitled to costs. The suit is decreed accordingly. The decree sheet be prepared.
This suit and all pending applications stand disposed of.