Delhi High Court High Court

Mrs. Nimrata Singh vs Mr. Naresh K. Aggarwala on 25 May, 2004

Delhi High Court
Mrs. Nimrata Singh vs Mr. Naresh K. Aggarwala on 25 May, 2004
Author: R Chopra
Bench: R Chopra


JUDGMENT

R.C. Chopra, J.

1. This suit for the recovery of Rs.34,21,675/- with costs and interest was filed by the plaintiff. The defendant was proceeded against ex parte on 6.5.2003 as none appeared on its behalf. The plaintiff has lead evidence on affidavits. The case of the plaintiff,briefly stated, is that the plaintiff is the sole proprietor of M/s Nibhana Exports, K-23, Hauz Khas, New Delhi. The defendant who represented himself as the proprietor of M/s Naresh K. Aggarwala and Co. was engaged in the busine s of stock and share brokerage . The plaintiff had four fixed deposits in the sum of Rs.24,50,000/- between October, 1993 and June 1994 with defendant. The said deposits were for a period of of 24 months with interest @ 24 per cent per annum. The defenda t failed to pay the amount of four FDs on maturity and hence this suit. According to the plaintiff the interest on all the
aforesaid deposits from September, 1996 to December, 1996 was paid by defendant. Thereafter, the defendant failed to make the payme t of principal and interest and as such this suit. The plaintiff has filed her own affidavit supporting her case and has proved on record the documents Ex.PW1/1 to PW1/15. The plaintiff’s evidence has gone unrebutted and unchallenged. Accordingly, an ex-parte decree in the sum of Rs. 34,21,675/- is passe in favor of the plaintiff and against the defendant. The plaintiff is entitled to pendente lite and future interest also on the said amount @ 12 per cent per annum from the date of the filing of the suit
till realisation. Decree sheet be prepared.