Final Order 5

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. AASHISH GUPTA, SENIOR CIVIL
JUDGECUMRENT CONTROLLER (EAST): DELHI
Civ Suit No: 279/2023
M/s Sanstuti Pharmaceuticals Pvt. Ltd.
Through its Authorised Representative
Sh. Varun Kumar
Add: F10/9, Krishna Nagar,
Delhi – 110051 ..…....Plaintiff
Versus
Sh. Rakesh Chhatui
S/o Sh. Arun Kumar Chhatui
Add: A318, Transit Camp,
Kalkaji, Ali, South Delhi
Delhi 110019 …...... Defendant
Date of Institution :29.03.2023
Date of reserving of judgment :06.02.2024
Date of pronouncement of Judgment :06.02.2024
Decision: Decreed.
JUDGMENT
1. This is a suit seeking recovery against the defendant for a sum
of Rs. 1,30,000/-. The plaintiff company is engaged in a business of
manufacturing and sale of medicine and its incidental products including its
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sale to various doctors and medical Professionals. As per plaintiff,
defendant was employed as a clerk by plaintiff company and was authorised
by plaintiff company to collect the payment from various doctors and
medical professionals for the receipt of medical consumables purchased by
them. That defendant received a sum of Rs. 1,30,000/- from various
Doctors and Medical Professionals on behalf of plaintiff company from
August 2021 till January 2022 but he did not hand over the said amount to
the plaintiff company.
As per plaintiff, when defendant was confronted by the plaintiff
company, he assured to return the aforesaid amount to the plaintiff company
in two installments and this regard a written agreement dated 31.01.2022
was executed between the defendant and the plaintiff company. Defendant
also gave a security cheque of Rs One lac to the plaintiff company. But
when defendant again failed to return the amount of Rs. 1,30,000/-, he asked
the plaintiff company to present the security cheque of Rs. One Lac with the
plaintiff’s bank as part payment. As per plaintiff, the said cheque of Rs. One
lac got dishonoured on presentation with remarks ‘fund insufficient’.
Being aggrieved by the aforesaid act and conduct of the
defendant, plaintiff company sent a legal notice dated 25.02.2023 to the
defendant but defendant did not pay any amount to the plaintiff. Hence the
present suit.
2. It is pertinent to note that despite service defendant did not
appear before this Court and was therefore proceeded ex-parte with his
defence being struck off vide order dated 23.09.2023. Thereafter, the
plaintiff led ex-parte evidence and produced one witness namely Sh. Varun
Kumar, AR of plaintiff company as PW-1, who tendered his affidavit in
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evidence Ex. PW1/A. He reiterated the facts stated in the plaint and also
relied upon the documents mentioned in his affidavit in evidence.
3. No other witness was examined and exparte PE was closed.
4. I have heard final arguments made by Ld. Counsel for the
plaintiff and perused the record carefully.
5. Plaintiff evidence has proved on record the agreement
Ex. PW1/3 executed between defendant and plaintiff company, as per
which defendant has agreed to return the amount of Rs. 1,30,000/ which he
had collected from various doctors on behalf on plaintiff company. Vide the
said agreement, a cheque of Rs. One lac was also given by the defendant to
the plaintiff company as security amount. As per the cheque returning
memo Ex. PW1/4, the said cheque was got dishonoured on presentation.
The entire evidence of the plaintiff has gone unrebutted and and thus, in my
humble opinion, plaintiff has been able to show that he is entitled to recover
a sum Rs. 1,30,000/ (Rupees One Lakh Thirty Thousand Only).
Accordingly, the suit of the plaintiff is decreed for a sum of Rs. 1,30,000/-
to be paid by the defendant.
6. Plaintiff is seeking pendente lite and future interest at the rate
of 18%per annum. The same appears to be on a higher side. The interest of
justice shall be served in case, plaintiff is awarded simple interest @ 3% per
annum on the aforesaid amount to be paid by defendant from the date of
filing of the present suit till realization. It is ordered accordingly.
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7. Cost of the suit be also awarded to the plaintiff. It is ordered
accordingly.
Announced in the Court
today i.e. 06.02.2024 Aashish Gupta
SCJcumRC, East,
Karkardooma Courts, Delhi
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