INCENT TOUR P. LTD Vs. DINESH GARG

JUDGEMENT

(1.) THE appeal impugns the judgment and decree (dated 31 st August, 2004 of the Court of the Addl. District Judge, Delhi in Suit No.34/2003 filed by the respondent for recovery of Rs.1,86,000/ - from the three appellants i.e. the appellant no.1 Company and its Managing Director Shri P.N. Nageshwaran and its Director Mrs. Meenu Nageshwaran as well as in the counterclaim filed by the appellant no.1 Company for recovery of Rs.4,69,252/ - from the respondent) dismissing the counterclaim of the appellant no.1 Company and allowing the suit of the respondent for recovery of Rs.98,000/ - with costs and interest from the appellants.

(2.) NOTICE of the appeal was issued and the Trial Court record requisitioned and subject to the appellants/defendants depositing the decretal amount in this Court, the execution of the money decree against the appellants/defendants was stayed. A sum of Rs.1,23,600/ - is reported to have been deposited in compliance thereof and has been kept in a FDR. The appeal was on 7th April, 2005 admitted for hearing. The counsels have been heard. Though the Trial Court record, upon the appeal being dismissed in default of appearance on 21st May, 2013, was sent back and is not available but the counsels inform that the copies of the entire relevant Trial Court record have been filed along with the Memorandum of Appeal and have during the hearing handed over the affidavits by way of examination -in -chief of the appellant/defendant no.2 and the respondent/plaintiff which were not on record. The counsel for the respondent/plaintiff has also during the course of hearing handed over a brief synopsis of his submissions and which is taken on record.

(3.) THE respondent/plaintiff instituted the suit for recovery of Rs.1,86,400/ - from the appellants, pleading: -