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2002 DIGILAW 1583 (DEL)

J. C. ENTERPRISES v. THANGAM LUCKY AGENCY

2002-10-04

S.MUKERJEE

body2002
S. Mukerjee ( 1 ) THE present suit relates to recovery of Rs. 21,76,372. 55 alongwith pendente lite and future interest @ 18% per annum alongwith costs. ( 2 ) THE brief facts of the case are that the plaintiff, a proprietorship firm having its office at 108, Bhagat Singh Market, New Delhi-110 001, has been organising State Lotteries and carrying on the business of lotteries as "sole Distributors" of State Lotteries through its stockists etc, on whole sale rate basis. ( 3 ) THE defendant is a proprietorship firm having its place of business at Tiruvarur , and has been carrying on the business of sale of lottery tickets as stockist of various State Lotteries etc, including those purchased from the plaintiff. ( 4 ) AN agreement in writing was entered into between the plaintiff and the defendant on 2nd August, 1995, terms and conditions of which were accepted at New Delhi, thereby the defendant was appointed as a stockist of state Lotteries including Daily Lotteries etc. at that point of time on whole sale rate basis by the plaintiff, ( 5 ) AS per the terms and conditions of the said agreement, the plaintiff was required to despatch lottery tickets from Delhi to the defendant, as per the requirements of the defendants, from time to time. The defendant was also required to make payments to the plaintiff within a week from the date of concerned draw at Delhi for the lottery tickets so received by them. Furthermore in case of default in the payment, the plaintiff was entitled to claim interest 18% p. a. on such payments as are delayed beyond 15 days from the date of receipt of tickets. The said Agreement dated 2. 8. 1995 is Exhibit.- P/2. ( 6 ) IT is submitted by the Ld. Counsel for the plaintiff that as per terms and conditions mentioned in the said Agreement dated 2. 8. 1995, the plaintiff despatched lottery tickets to the defendant, from New delhi to Thiruvarur as per the requirements of the defendant from time to time by courier/parcels etc. ( 7 ) THE last consignment of lottery tickets was despatched by the plaintiff to the defendant on 6. 11. 1997. Against the said consignment defendant made part payment of Rs. 33000/- on 5. 11. 98. The Despatch challan dated 6. 11. 97 and the plaintiff s part-payment receipt dated 5. 11. ( 7 ) THE last consignment of lottery tickets was despatched by the plaintiff to the defendant on 6. 11. 1997. Against the said consignment defendant made part payment of Rs. 33000/- on 5. 11. 98. The Despatch challan dated 6. 11. 97 and the plaintiff s part-payment receipt dated 5. 11. 98 are Exhibits - P/3 and P/4 respectively, and thereby the last part payment, on account was made. ( 8 ) IT is also the case of the Plaintiff that the plaintiff has been maintaining regular books of account in respect of its business transaction. The Ledger sheets in respect of Weekly Lotteries, Instant Bumper and debit Notes A/c. are Exhibit- P/5 (Colly ). ( 9 ) IT is contended by the Plaintiff, that the plaintiff had been requesting the defendant to clear the outstanding amounts. Yet despite various requests and personal visits of the representatives of the plaintiff, the defendant has failed and/or neglected to clear the said outstanding liability of the plaintiff. ( 10 ) MOREOVER, the defendant denied to plaintiff the benefit of use and rotation of the principal amount of rs. 18,38,345. 16 with effect from the date when the amounts fell due to be paid by the defendant to the plaintiff. Therefore it is contended by the Plaintiff, that the plaintiff is entitled to claim interest @ 18% p. a. as per the terms and conditions of the said agreement between the parties to the suit. ( 11 ) SINCE the defendant failed to pay the principal amount to the plaintiff, as such the plaintiff filed the present suit. ( 12 ) THE defendant had filed his Written Statement denying the contentions raised by the plaintiff in his plaint. However before the issues could be framed, the defendant failed to appear and defend the suit. Thereafter the defendant was proceeded ex-parte vide order dated 23. 7. 2002. ( 13 ) AFFIDAVIT by way of ex-parte evidence was filed. Arguments were heard and judgement were reserved vide order dated 27. 9. 2002. Since the defendant is proceeded ex-parte, all the contentions made and documents filed by the plaintiff have gone unrebutted. ( 14 ) THE plaintiff has duly established its claim for outstanding Interest on delayed payment vide exhibited documents referred to above. ( 15 ) THE plaintiff has proved the outstanding of rs. 18,38,345. 16 as per exhibited accounts. 9. 2002. Since the defendant is proceeded ex-parte, all the contentions made and documents filed by the plaintiff have gone unrebutted. ( 14 ) THE plaintiff has duly established its claim for outstanding Interest on delayed payment vide exhibited documents referred to above. ( 15 ) THE plaintiff has proved the outstanding of rs. 18,38,345. 16 as per exhibited accounts. After deduction of part payment on 5. 11. 1998 of Rs. 33,000/-, the amount due has been established to be rs. 18,05,345. 16. The rate of interest of 18% as per terms and conditions of agreement in writing between the parties has also been established. Upto-date of filing of suit the interest comes to Rs. 3,71,027/ -. Thus, the suit amount due to the plaintiff is Rs. 21,76,372. 55. ( 16 ) AS per agreed terms the plaintiff will also be entitled to pendente lite and future interest at. 18% P. A. alongwith the costs of this suit. ( 17 ) IN view of the above, I hereby pass a decree for a sum of Rs. 21,76,372. 55 alongwith pendente lite and future interest 18% per annum from the date of filing of the suit till the date of realisation. I also award costs of the present proceedings in favour of the plaintiff and against the defendant. ( 18 ) THE suit is decreed accordingly.