BANARAS CLOTHIERS P LIMITED Vs. PADAM CHAND JAIN

JUDGEMENT

(1.) By this order it .is proposed to dispose of this I.A.No.3654/2001 filed by the plaintiff under Section 24 read with Section 151 of the Code of Civil Procedure, 1908. By this application the plaintiff is seeking transfer of the following four civil suits pending in the Court of Shri A.K.Garg, Additional District Judge, Delhi: 1. Padam Chand Jain Vs. Banaras Clothiers Pvt. Ltd. and another. 2. Sandeep Jain Vs. Banaras Clothiers Pvt.Ltd. and another. 3. Mohit Jain Vs. Banaras Clothiers Pvt. Ltd. and another. 4 . Tarun Jain Vs. Banaras Clothiers Pvt. Ltd. and another.

(2.) The plaintiff has filed the instant suit for recovery of Rs. 8,03,100.00 It is inter alia stated in the plaint that plaintiff is a Pvt.Ltd. Company and Shri R.K.Gupta is one of its Directors. Shri R.K.Gupta was having personal relations with Shri Padam Chand Jain, defendant No.1 herein and being intimate friends, the defendant No.1 in order to settle his son i.e. defendant No.2 in the business of export garments approached Shri R.K.Gupta, the Director of the applicant company who was already carrying on business of export of garments and requested him to help in settling defendant No.2 in the said business and showed his willingness to invest money by purchasing the shares of the applicant company and becoming one of the Directors of the plaintiff company. The Defendant No.1 accordingly purchased shares from time to time in his name as well as in the name of defendant No.2 and his two sons who were minor at that time namely Shri Mohit Jain and Shri Tarun Jain by giving cheques of different dates. The applied shares of the plaintiff company were accordingly issued as per application forms submitted by the defendant No.1. The defendant No.1 became one of the directors of the plaintiff company and nominated his son defendant No.2 to look after and work in the company as the nominee of defendant No.1 and on his behalf. These background facts are stated in the plaint. The, cause'of action for filing the suit as can be discerned from the plaint is that all of a sudden defendant No.2 stopped coming office of the plaintiff company from 15/6/1995 also took along with him keys of the plaintiff company he has in his possession stocks and items belonging to plaintiff company which he has not returned despite various demands made upon him. The details of the cost of goods/items allegedly in possession of defendant No.2 are given in para-8 which are as under : Cost of Stock Fabric and other Material : Rs.6,50,000.00 Cost of Plant and Machinery : Rs.26,500.00 Cost of Furnitures and Fixtures etc. : Rs.95,500.00 Cost of 15 Samples of buyers @ Rs.1000.00 per piece : Rs.15,000.00 Recovery of Balance Amount from parties of defendants : Rs.10,600.00 ________________ Total : Rs.7,97,600.00 ---------------- Adding Rs.5,500.00 as cost of Legal Notice sent, the total amount claimed is Rs.8,03,100.00

(3.) Admittedly prior to the filing of the present suit the aforesaid four suits pending in the Court of Shri A.K.Garg, ADJ, Delhi which are sought to be transferred to this court were filed by defendant No.1 and his sons. These four suits are filed on the allegations that certain loans were given by defendant No.1 and his sons in those suits to the plaintiff company and suits are for recovery of those amounts along with interests.