Shri Balbir Rajput v. M/S R.P. Exports & Ors

RAJIV SAHAI ENDLAW, J. MARCH 06, 2020/‗bs'..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 6th March, 2020 + BALBIR RAJPUT .... Plaintiff Through: Mr. Avanish Kumar, Adv. Versus R.P. EXPORTS & ORS. …...Defendants Through: Mr. Subhash Bhudiraja, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The plaintiff has instituted this suit for recovery of Rs.1,99,12,000/- jointly and severally from defendant No.1 R.P. Exports and its partners defendant No.2 Rekha Kushwaha and defendant No.3 Jatan Kumar. 2. The suit came up first before this Court on 5th February, 2018, when summons thereof were ordered to be issued and in response whereto, the defendants appeared through counsel. The order dated 13th November, 2018 records that written statement had been filed by the defendants; the written statement was not filed within the prescribed time; though the counsel for the defendants stated that an application for condonation of delay had been filed but the said application was not on record. The order dated 14th January, 2019 records the statement of the counsel for the plaintiff that since the delay in filing the written statement was of 20 days only, the same be condoned subject to payment of costs. Vide the same order dated 14th January, 2019, the delay in filing written statement was condoned subject to payment of Rs.5,000/- to the plaintiff. 3. The costs was not paid inspite of repeated opportunities as recorded in orders dated 28th February, 2019, 15th April, 2019 and 23rd July, 2019 and ultimately vide order dated 11th October, 2019, the written statement which was permitted to be taken on record subject to payment of costs, was said to be not on record and not entitled to be considered. 4. On 11th October, 2019, after holding the written statement to be not on record, the plaint was perused to consider, whether the plaintiff was entitled to a decree forthwith. 5. It is the case of the plaintiff in the plaint, (i) that on 2nd April, 2012, an Agreement to Sell and Purchase dated 2nd April, 2012 was executed by the plaintiff on the one hand and the defendants on the other hand, whereunder the defendants agreed to sell their factory admeasuring 1000 sq. mtrs. situated at B-70, Sector-80, Phase-II, Noida (U.P.) to the plaintiff for a total consideration of Rs.2,28,50,000/-, with the transaction to be completed by 1st June, 2012; (ii) that in the last week of May, 2012, the defendant No.3 Jatan Kumar requested the plaintiff to extend the date of performance till 31st December, 2012 and to which the plaintiff agreed; (iii) that in December, 2012 when the plaintiff approached the defendants for completion of the transaction, the defendant No.3 Jatan Kumar informed the plaintiff that the defendants were not willing to sell the factory as they had received big orders/assignment and chance of revival of their business had become bright; the defendants requested the plaintiff that the earlier payment advanced by the plaintiff be considered as a loan with interest @ 2% per month; though the defendants promised to enter into a separate agreement with the plaintiff with regard thereto, and also assured that the entire amount with interest would be refunded within three to four months, but no separate agreement was executed by the defendants and the defendants did not refund the monies received from the plaintiff; (iv) that the plaintiff, from time to time, either himself or through his close friend Chandra Mohan Bhandu, who is also the owner/chairman/MD of Asian Townsville Farms Limited and who also owes money to the plaintiff, advanced the following amounts to the defendants and to Fourth Vision, another firm of the defendant No.3 Jatan Kumar: Date Amount (Rs.) 16.11.2011 20,00,000/- 03.04.2012 2,00,000/- 09.04.2012 40,00,000/- 17.04.2012 1,00,000/- 27.04.2012 7,00,000/- 01.08.2012 20,00,000/- 06.09.2012 3,00,000/- 06.09.2012 7,00,000/- 06.09.2012 10,00,000/- 13.12.2012 8,00,000/- 23.12.2012 5,00,000/- 28.12.2012 2,00,000/- 23.01.2013 5,00,000/- 15.10.2013 1,00,000/- T