Final Order 9

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF ASHWANI PANWAR, ACJ/ARC/CCJ-
NEW DELHI DISTRICT, PATIALA HOUSE COURTS,
NEW DELHI
CS No. 592/2024
DLND030011622024
SAI PRINT PACK
Through its proprietor Sh. Rajiv Tanwar,
Office at: CB-174, Ring Road Naraina
New Delhi-110028 ...Plaintiff.
VERSUS
1. AMREE PHARMACEUTICALS
Through Proprietor Ashok Kumar Arora,
2. SANKALP ARORA,
Authorized Signatory/Managing Director of Amree
Pharmaceuticals
3. ALKA ARORA,
Vice Chairman of Amree Pharmaceuticals
Registered office at
10, 1/2 Plot No 1, Shiv Colony, Street No 10.
Kaithal Road, Karnal, Haryana-132001 ...Defendants
SUIT FOR RECOVERY
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Date of institution : 07.06.2024
Final arguments heard on : 09.05.2025
Judgment pronounced on : 12.07.2025
JUDGEMENT
1. The present suit has been filed under order XXXVII
seeking to recover a sum of Rs. 1,75,000/-.
2. Brief facts giving rise to the present suit are as
follows :-
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The Plaintiff is a Proprietorship Firm engaged in the
manufacture of medicine boxes for medicines. Defendants
approached the plaintiff for the purpose of purchase of packing
medicine box items. Plaintiff had agreed and sold the
goods/articles to the defendants against invoice of Rs.
2,78,15,620.40/- for the delivery of goods to the Defendants.
The Defendants had paid part payment of Rs. 29,41,209/- till
date in various installments and issued two post-dated cheques
bearing no. 008545 & 010187 dated 05.02.2022 & 06.07.2022
for sum of Rs. 1,00,000/- and Rs. 75000/- respectively, however,
on presentation of said cheques, they got dishonored vide Cheque
Return Memo dated 07.02.2022 & 07.07.2022 with the remark
“Alteration require drawers authentication” and “Payment
Stopped by Drawer” respectively. Thereafter, plaintiff issued a
legal notice dated 16.05.2024 through its counsel via Speed Post.
Despite due service of the legal notice, the Defendants failed to
make the requisite payment Thus, the present summary suit has
been filed u/o 37 CPC for recovery of the outstanding amount.
3. Relief sought: The following reliefs have been
sought by the plaintiff in the instant suit:
i) To pass a decree of recovery in favour of the
plaintiff and against the defendants for the amount
of Rs. 1,75,000/-.
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ii) To pass a decree of payment of interest @ 24 %
p. a in favour of the plaintiff and against the
defendants from the date of issuance of legal
demand notice till the day of actual payment.
iii) To award the cost of the suit to the plaintiff.
4. Summoning of defendant and chain of
subsequent events: Summons of the suit in the prescribed
proforma under Order 37 CPC were directed to be issued to the
defendants, which were served to all the defendants through
electronic mode by way of email as well as whatsapp on
18.12.2024 as well as on 02.04.2025. Thereafter on 02.06.2025
Ms. Archana Kumari, Ld. counsel for all the defendants appeared
and filed application seeking leave to defend the present suit
alongwith another application seeking condonation of dealy in
filing the leave to defend application.
5. I have heard the arguments put forward by Ld.
Counsel for both the parties and have carefully gone through the
record of the case.
6. The present suit has been filed under the provisions
of Order- XXXVII CPC.
Order XXXVII rule 2 (3) CPC provides as under :-
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“(3) The defendant shall not defend the suit refer
to in sub rule-1 unless he enters an appearance
and in default of his entering an appearance, the
allegations in the plaint shall be deemed to be
admitted and the plaintiff shall be entitled to a
decree for any sum, not exceeding the sum
mentioned in the summons, together with interest
at the rate specified, if any, up to the date of
decree and such sum for cost as may be
determined by the High Court from time to time
by rules made in that behalf and such decree may
be executed forthwith.”
Further, Order XXXVII Rule 3(1) CPC provides as
under:
“(1) In a suit to which this Order applies, the
plaintiff shall, together with the summons under
rule 2 serve on the defendant a copy of the plaint
and annexures thereto and the defendant may, at
any time within ten days of such service, enter
and appearance either in person or by pleader
and, in either case, he shall file in Court an
address for service of notices on him.”
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7. In the present matter defendants have straightway
filed application seeking leave to defend without entering
appearance within the prescribed period of 10 days. Keeping in
view the settled position of law and the provisions of Order 37
CPC, it was mandatory for the defendants to firstly enter
appearance within 10 days of service which they failed to do. In
the absence of appearance by the defendants the application
seeking leave to defend is not maintainable and deserves to be
dismissed. Accordingly, application seeking leave to defend
stands dismissed being not maintainable.
8. In view of the above discussion and the failure of all
defendants to enter their appearance within 10 days, the
allegations in the plaint shall be deemed to be admitted and the
plaintiff shall be entitled to a decree for any sum, not exceeding
the sum mentioned in the summons, together with interest at the
rate specified, if any, up to the date of decree and he shall also be
entitled to the costs. Accordingly, the defendants are jointly and
severally liable to pay the amount of Rs. 1,75,000/- to the
plaintiff.
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9. Conclusion: In view of the reasons spelled above,
the present suit of the plaintiff is hereby decreed in favour of the
plaintiff and against the defendants. Defendant are jointly and
severally liable to pay a sum of Rs 1,75,000/- to the plaintiff
alongwith interest at the rate of 9% per annum from the date of
filing of the suit till the date of decree and 6% from the date of
decree till the date of realisation.
10. The defendants shall also pay costs of the suit to the
plaintiff as per rules.
11. Decree-sheet be prepared accordingly.
12. File be consigned to the record room.
Announced in the open
court today i.e. 12.07.2025
Ashwani Panwar
ACJ/CCJ/ARC, NDD, PHC
NEW DELHI : 12.07.2025
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