Delhi High Court
Sriram Compounds Pvt. Ltd. vs Sanjai Gupta & Ors. on 23 November, 2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order delivered on: 23rd November, 2015
+ CS (OS) No.2857/2014
SRIRAM COMPOUNDS PVT. LTD. .....Plaintiff
Through Mr. H.K.Chaturvedi, Adv.
versus
SANJAI GUPTA & ORS. ..... Defendants
Through Defendants are ex parte.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.
1. The plaintiff has filed a summary suit under Order XXXVII CPC for
recovery of a sum of Rs.21,80,596/- along with pendent lite and future
interest @ 24% per annum.
2. Brief facts of the case as per plaint are that the plaintiff is a
private limited company registered under the provisions of the
Companies Act, 1956. Defendant Nos. 1 to 3 are the partners of M/s
Shivam Industries having their factory at Sector-A, Plot No.301, 325,
Pitampur, District Dhar, Madhya Pradesh. Defendant No.4 is a
partnership firm and is being prosecuted through defendant No.1.
3. It is averred in the plaint that the defendants purchased materials
from the plaintiff against purchase order No.SRG/SH/04 dated 6th
November, 2008 for which the plaintiff raised invoice No. 383 dated 17 th
November,2008 and invoice No.400 dated 27th November, 2008 for a
total sum of Rs.15,76,380/-. Out of the aforesaid principal amount of
Rs.15,76,380/-, the defendants had made a part payment through
online transactions of Rs.3,00,000/- in two parts i.e. Rs.2,00,000/- on
28th December, 2008 and Rs.1,00,000/- on 12th January, 2009 which
has already been adjusted. On 31st March, 2009 the plaintiff further had
given a discount of Rs.16,100/- to the defendants. Hence, a sum of
Rs.12,60,280/- [Rs.15,76,380/- (Principal Amount) - Rs.3,16,100/-
(Adjusted Amount)] is due and recoverable from the defendants with
interest @ 24% per annum.
4. Thereafter, the defendants in discharge of their liabilities issued 7
cheques on two occasions. On the first occasion, the defendants issued
4 cheques along with a covering letter dated 20th March, 2009 bearing
Nos. 611351 dated 25th April, 2009 for Rs.2,00,000/-, 611352 dated
19th May,2009 for Rs.2,00,000/-, 611353 dated 10th June, 2009 for
Rs.2,18,007/- and 611354 dated 20th June, 2009 for Rs.1,42,273/- all
drawn on Union Bank of India, Sindhi Colony, Indore-452001. On the
second occasion , the defendants further issued 3 more post dated
cheques i.e. 603241 dated 7th May, 2011 for Rs.2,00,000/-, 603242
dated 9th May, 2011 for Rs.2,00,000/- and 603243 dated 10th May,
2011 for Rs.1,00,000/- all drawn on Union Bank of India, Sindhi Colony,
Indore-452001 in favour of the plaintiff.
5. The plaintiff presented the said cheques issued on the first
occasion for encashment to its banker but all the cheques were returned
unpaid vide Memo(s) dated 15th July, 2009, 15th July, 2009, 19th June,
2006 and 30th June, 2006 with the remarks 'insufficient funds'. The
plaintiff also presented the cheques issued on the second occasion by
the defendants with its bankers which were also returned unpaid vide
memo dated 12th May, 2011.
6. Thereafter, the plaintiff issued legal notices dated 24th July, 2009
and 14th July, 2009 under Section 138 of the Negotiable Instruments
Act, 1881 to M/s Shivam Industries. However, the defendants despite
receiving the legal notice failed to make the payment of the unpaid
cheques. The plaintiff also filed a complaint under Section 138
Negotiable Instruments Act, 1881 against the defendants which is
pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.
7. It is further stated that the defendants admitted its liability vide
email dated 26th October, 2012 for Rs.15,10,280/- payable by them to
the plaintiff as under:-
Admitted amount (as per email Rs.15,10,280/-
dated 26th October, 2012 of the
defendant)
Interest on the above @24% Rs.6,70,316/-
p.a. on principal amount (as per
invoice dated 17th
November,2008 and 27th
November,2008)
(Interest from 26th October,
2012 to 1st September, 2014)
Total Rs.21,80,596/-
8. When the matter was listed before the Court, no one appeared on
behalf of the defendants nor an application for leave to defend was filed
and consequently, they were proceeded ex parte vide order dated 24th
February, 2015.
9. Thereafter, Mr. Sameer Kaushik working as Manager Legal of the
plaintiff Company filed his affidavit wherein he deposed that as per
email dated 26th October, 2012 sent by Shivam Industries to him as well
as to the plaintiff Company and also to the Board of Directors, the
defendants admitted its total payable amount of a sum of Rs.
15,10,280/- as full and final amount. The plaintiff Company, in view of
the full and final settlement amount as admitted by the defendants did
not re-file its 4 criminal complaints under Section 138 of Negotiable
Instruments Act,1881 before the competent court after receiving the
original complaint from the Gautam Budh Nagar court. The original 4
complaints along with original cheques and other original documents
have been filed as per order dated 24th February, 2015.
10. He deposed that as per the plaintiff's books of accounts
maintained against the defendants, a sum of Rs.32,32,868/- is payable
by the defendants as on 15th May, 2015. However, the suit has been
filed on the basis of admitted amount of Rs.15,10,280/- as per email
dated 26th October, 2012 and interest has been calculated on the above
admitted amount of Rs.15,10,280/- from 26th October, 2012 @ 24%
p.a. as per invoices of the plaintiff.
11. He further deposed that as per email dated 23rd October, 2012
through which the defendants emailed 6 scanned copies of demand
drafts totalling to Rs.13,60,280/- which was immediately replied and
objected by the plaintiff through him vide his email dated 26th October,
2012 sent to the defendants in which he specifically pointed out "The
amount in the trailing mail is not the amount of settlement agreed by
Mr. Sanjai Gupta and Mr. Aas Mohd. Advocate". Thereafter, he reminded
the defendants that Rs.13,60,280/- was not the amount which was
settled. The full and final settled amount of Rs.15,10,280/- was
admitted by the defendants vide email dated 26th October, 2012
wherein the defendants emailed 2 more demand drafts of
Rs.15,10,280/- which was agreed to be handed over by the defendants
to the plaintiff on 4th November, 2012. However, the defendants backed
out from the settlement.
12. Mr. Sameer Kaushik also filed his additional affidavit dated 19th
November, 2015 wherein he deposed that the defendants as per their
settlement with the plaintiff got prepared 8 demand drafts for the
amount of Rs.15,10,280/- which was exactly the same amount of the
settlement. He also deposed that the plaintiff Company has only
received the scanned copies of all the 8 demand drafts from the
defendants and till date no original demand drafts have been received
by the plaintiff Company from the defendants. Thus, original demand
drafts have not been placed on records.
13. The plaintiff has filed original documents pertaining to the
complaints filed by him under Section 138 Negotiable Instruments Act,
1881 against the defendants as well as the legal notices issued to the
defendants. Besides, the plaintiff has also placed on record the original
cheques issued by the defendants to the plaintiff.
14. The claim raised by the plaintiff is uncontested. In view of the
above, the suit of the plaintiff is decreed for a sum of Rs. 21,80,596/-
against the defendants. The plaintiff is also entitled for pendent lite and
future interest @ 12% per annum from the date of filing of the suit till
the date of payment as the rate of interest @ 24% claimed by the
plaintiff in the plaint is on the higher side.
15. The plaintiff is also entitled for costs.
16. Decree be drawn accordingly.
(MANMOHAN SINGH)
JUDGE
NOVEMBER 23, 2015
