RAKESH SHARMA Vs. SUPREME AGENCY

JUDGEMENT

(1.) This is a suit for recovery of Rs.23,22,805/-. On service of summons on the defendants an appearance was entered by a counsel. However, subsequently, nobody appeared on behalf of the defendants. Court notice was also directed to be served upon the counsel who at once appeared for defendants 1 to 4. Despite that nobody appeared and, therefore, this court, left with no alternative, directed that the defendants be proceeded with ex parte by an order dated 24.01.2006. The plaintiff was also directed to lead its ex parte evidence in the form of affidavits and was permitted to file documents. The plaintiff has filed its affidavit by way of evidence of one Mr Rakesh Sharma (PW1) as well as of one Mr Manjit Singh (PW2). PW1 is the plaintiff himself and he is also the sole proprietor of the concern known as J.C. Enterprises. The PW2 is the accountant of the said concern i.e., J.C. Enterprises. The documents have also been exhibited being Exhibits PW1/1 to PW1/7.

(2.) The relationship between the plaintiff and the defendants was that the plaintiff was responsible for conducting various State lotteries for which purpose he had engaged the services of the defendants through their partnership concern, namely, Supreme Agency. The modus operandi of the transactions between the two parties was that the plaintiff used to supply tickets in bulk in respect of State Lotteries and the defendants in turn used to sell the same as well as conduct the lotteries from time to time. For this purpose, the plaintiff as well as the defendants had a mutual account which was running between them and Exhibits PW1/1 and PW1/2 are the documents which demonstrate the existence of such an account. It is averred in the plaint that as per the financial statement for the year ending on 31.3.2002, a sum of Rs.17,07,945/- was due and payable by the defendants to the plaintiff. It is further stated in the plaint that despite several reminders, the defendants did not make the payment. Accordingly, this suit was filed for a claim of Rs.23,22,805/- which includes an amount of Rs.6,14,860/- by way of interest on the said amount of Rs.17,07,945/- calculated at the rate of 18% per annum which is said to be the rate which was agreed upon by the parties as also the prevalent market rate insofar as the business transacted by the parties was concerned. These averments have been supported by the evidence led by the plaintiff by way of affidavits of PW1 and PW2 as well as the documents which have been exhibited as exhibit PW1/1 to PW1/7. The entire evidence produced by the plaintiff has gone unrebutted and, therefore, the plaintiff has been able to prove his right to claim the amount mentioned in the suit. Accordingly, a decree is passed in favour of the plaintiff and against the defendants for the amount of Rs.23,22,805/- as well as pendente lite and future interest at the rate of 9% per annum thereon till realisation. The suit is accordingly decreed with costs. The decree sheet be prepared accordingly.