Final Order 2

Order Details: COPY OF ORDER
Pdf Text: CS SCJ 1224/24
MS EVERGREEN PUBLICATIONS INDIA LTD. Vs. MS
AYAAN ENTERPRISES
18.09.2024
It is a suit under Order XXXVII CPC.
Present : Sh. Ram Lal, Ld. Counsel for the plaintiff alongwith
AR of the plaintiff.
None for the defendant despite due service.
Record perused.
Summons of the suit under Order XXXVII CPC in
prescribed format already stands duly served upon the defendant
on 02.08.2024. However, none has appeared on behalf of
defendant nor any appearance has been filed on his behalf till
date as required under Order 37 Rule 1 CPC.
Record perused.
The present suit is a suit for recovery filed by the
plaintiff, who is a company duly incorporated under the
provisions of the Companies Act and is engaged in publication of
progressive books in the name and style of M/s. Evergreen
Publications (India) Pvt. Ltd., having its registered office at
Jalandhar and Regional Office at 4738/23, Ansari Road, Darya
Ganj, New Delhi-110002. The present suit has been filed through
Sh. Tarun Kumar, who has been duly authorized by the plaintiff
vide Resolution dated 25.01.2024 passed by the Board of
Directors of the plaintiff company, to sign, verify and to institute
the present suit on its behalf.
It is the case of the plaintiff that the defendant is a
proprietor of Ayaan Enterprises and is having business relations
with the plaintiff from 2023. The defendant placed order to the
plaintiff for books vide order dated 06.02.2023 to supply him
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ordered books, which were supplied by the plaintiff to the
defendant vide Bill No.2022-2023/28338 dated 25.02.2023 for
Rs.5,63,490/-, bill No.2022-2023/30137 dated 15.03.2023 for
Rs.76,950/-, bill No.2022-2023/32258 dated 29.03.2023 for
Rs.94,320/- and bill No.2023-2024/117 dated 03.04.2023 for
Rs.1,23,240/-. The abovesaid books were duly verified in the
statement of account in this regard.
It is the case of the plaintiff that on 14.11.2023 the
outstanding balance against the defendant was Rs.2,49,996/- and
thereafter, the official of the plaintiff visited the defendant a
number of times and requested the defendant to make the
payment of the outstanding amount of Rs.2,49,996/-.
It is the case of the plaintiff that on 11.01.2024 the
defendant handed over a cheque bearing No.009070 dated
15.01.2021 for Rs.2,49,996/- drawn on ICICI Bank, Dwarka,
Sector-20, Branch: Plot No.16, Sector-20, Dwarka, New Delhi-
110075 to the official of the plaintiff against discharge of his
liability, in favour of the plaintiff.
It is the case of the plaintiff that at the time of
issuance and delivery of the above mentioned cheque, the
defendant assured the plaintiff that the same would be honoured
on presentation.
It is the case of the plaintiff that the plaintiff
presented the abovesaid cheque, but the same returned
dishonoured by the abovesaid bank for the reason “Funds
Insufficient” in his bank account and the same was intimated to
the plaintiff by its banker vide cheque returning memo dated
17.01.2024.
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It is the case of the plaintiff that finding no other
way out, the plaintiff got sent legal notice of demand dated
27.01.2024 for Rs.2,49,996/- sent to the defendant on 27.01.2024
through speed post, which was duly served on the defendant on
03.02.2024, however, despite receipt of the legal demand notice,
the defendant has neither made the payment of the cheque nor
sent any reply to the legal notice.
It is the case of the plaintiff that thereafter, the
plaintiff filed a complaint case under Section 138 of the N.I. Act
against the defendant and the same is pending disposal before the
Court of Ms. Divya Gupta, Ld. M.M., Tis Hazari Court, Delhi.
It is the case of the plaintiff that the defendant is
bound to make the payment of the outstanding amount of
Rs.2,49,996/- alongwith interest @ 24% per annum.
It is the case of the plaintiff that the plaintiff has
filed the present suit on the basis of statement of account and
vide Bill No.2022-2023/28338 dated 25.02.2023 for
Rs.5,63,490/-, bill No.2022-2023/30137 dated 15.03.2023 for
Rs.76,950/-, bill No.2022-2023/32258 dated 29.03.2023 for
Rs.94,320/- and bill No.2023-2024/117 dated 03.04.2023 for
Rs.1,23,240/- and cheque bearing No.009070 dated 15.01.2024
for Rs.2,49,996/-. The plaintiff has filed the present suit for
recovery of liquidated amount of Rs.2,49,996/-. Hence, the
present suit.
As already noticed above, defendant was duly
served with the summons of the suit under Order 37 CPC on
02.08.2024. However, no appearance was filed by the defendant
within the stipulated period of 10 days and further he has also not
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applied for the leave to defend application. Hence, in view of the
conduct of the defendant, the plaintiff has become entitled to a
judgment and decree in terms of Order 37 Rule 2 (3) CPC.
In view of the abovesaid facts, the present suit is
decreed in favour of the plaintiff and against the defendant for
recovery of Rs.2,49,996/- alongwith interest @ 9 % per annum
(i.e. the current bank rate on loan) from the date of filing of the
suit till the date of decree. Cost of the suit is also awarded in
favour of the plaintiff. Decree sheet be prepared accordingly.
File be consigned to record room after due
compliance. Copy of this order be given dasti on request.
(Harjeet Singh Jaspal)
SCJ-cum-RC: Central District:
18.09.2024
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