IN THE COURT OF SECOND ADDITIONAL DISTRICT JUDGE

(PRESIDING OFFICER- ARVIND KUMAR)

CIVIL CASE NO. 97B/15

DATE 21.09.2015

KAILA DEVI STONE MINES

Prof. JAGDISH PRASHAD AGARWAL

LATE. PRABHU LAL AGARWAL

& OTHERS

SAMTA COLONEY, RAIPUR

DISTRICT-RAIPUR (C.G.) …………………………………….PLAINTIFF.

VS

JAICO CRUSH ENGINEERS

SHRI. BABUBHAI

RESIDENCE GRAM DHANSURA, RAIPUR

PIN CODE. 383307

BEHIND DENA BANK,

DISTRICT- ARAWALI GUJARAT…………………………..DEFENDANT.

ON BEHALF OF PLAINTIFF - SHRI A.K SHARMA

ON BEHALF OF DEFENDANT – EX PARTE

 -::DECISION::-

(TODAY DATE 05.08.2017 PASSED ON)

1. That the plaintiff has filled a case/suit against the defendant for the sum of
amount of Rs.71,875/- and per year interest of 15 percent per year.
2. The plaintiff debate that he booked the crusher machine in 2013 by paying
the sum of Rs.1,00,000/- but the defendant had not delivered the machine
even after many times insisted by the plaintiff. After investigating it was
found that the defendant factor has been shut down. After that the plaintiff
son contact with Santosh Agarwal the defendant so he provided the
Rs.40000/- cash on 04.02.2014 and the cheque of Bank of Baroda sum of
Rs.60000/- on 08.02.2014 in the name of Kela devi stone mines. The
plaintiff deposited the cheque into Punjab & sindhi bank, on 13.02.2014 the
cheque was returned due to insufficient balance. The plaintiff gave the notice
to the defendant of the check disenchantment (bounce) but plaintiff did not
paid the amount. On which the plaintiff through his advocate(attorney) gave
notice to the defendant on 20.03.2015 which was returned by the defendant.
Again a notice was sent to the defendant on 15.07.15 which was received by
the him but he didn’t paid the amount because of which the suit/case is
brought before this court.
3. In the absence of defendant ex-parte proceeding has been started and no
response and evidence given on his behalf.
4. In respect of which the documentary evidence was submitted by plaintiff
which are:
 Cheque of Rs.60,000/- of Bank of Baroda on 08.02.2014 given by
defendants company.
 Returning memo on 13.02.2014.
  Notice on 20.03.2015
 Post receipt
 Envelope
 On 15.07.2015 notice to defendant
 Postal receipt original
 Receipt
 Power of attorney by plaintiff to the defendant on 05.02.2099.
 Photocopy
 Defendant has given on 07.02.2016 assurance that he will sent a
draft of Rs.71,000/- said letter.
Through this document the plaintiff has been able to proof that the
plaintiff had given Rs.1,00,000 in advance to the defendant in 2013
to buy crusher machine. But the crusher machine was not given by
defendant to the plaintiff and Rs.40,000/- cash and a cheque of
Rs.60,000/- of bank of baroda on 08.02.2014 is to be provided to the
plaintiff which got bounced, After that plaintiff has informed him
two times about this but the defendant didn’t paid the left amount.
There is no denial of the said documents due to the absence of the
defendant in the case. There is no basis for believing that the said
document is not true. The absence of defendant could be taken as
adverse/unfavorable against him. The plaintiff has proved that he
has to collect Rs.60.000 from the defendant.
5. The petitioner has been requested to provide interest at the rate of 15 percent
on the said amount. However, no agreement is made in this regard, in such a
situation it is not advisable to give interest on the said amount at the rate of
15 percent, but the interest up to the date of receipt of the amount from the
 date of presentation of suit will be considered Under section 34 of civil
procedure It is advisable to get interest at the rate of 6% per annum.
6. Therefore, on the basis of the above explanation, it is concluded that "the
plaintiff is entitled to receive 6 percent interest from the date of presentation
from the date of payment, at the rate of global interest".
7. Based on the documents submitted by the plaintiff, a plaintiff's dispute is
accepted and the following permission is granted in favor of the plaintiff and
against the defendant.
 That the defendant should give 60,000 Rs to plaintiff within one
month.
 The defendant will also pay interest to the plaintiff at the rate of 6
percent annual interest rate from the date of presentation of suit on
21.09.2015 till the payment date.
 The defendant will bear the dispute expenses of the plaintiff.