w w w . L a w y e r S e r v i c e s . i n



Ramesh Chander v/s M/s. Shiv Infra Promoters Pvt. Ltd.


Company & Directors' Information:- J T L INFRA LIMITED [Active] CIN = L27106CH1991PLC011536

Company & Directors' Information:- H N COMPANY INFRA PRIVATE LIMITED [Active] CIN = U45201NL2005PTC007743

Company & Directors' Information:- N A R INFRA PRIVATE LIMITED [Active] CIN = U45209TG2010PTC066556

Company & Directors' Information:- T AND T INFRA PRIVATE LIMITED [Active] CIN = U45200PN2012PTC144893

Company & Directors' Information:- S R B PROMOTERS PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167407

Company & Directors' Information:- S R C INFRA PRIVATE LIMITED [Active] CIN = U45200KA2014PTC073052

Company & Directors' Information:- S G F INFRA PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003837

Company & Directors' Information:- R E INFRA PRIVATE LIMITED [Active] CIN = U74999MH2007PTC175255

Company & Directors' Information:- G S PROMOTERS PVT LTD [Active] CIN = U74899DL1988PTC032652

Company & Directors' Information:- M Y C INFRA PRIVATE LIMITED [Active] CIN = U45400UP2013PTC055996

Company & Directors' Information:- A R INFRA PRIVATE LIMITED [Active] CIN = U45202AS2008PTC008561

Company & Directors' Information:- R K INFRA(INDIA) PRIVATE LIMITED [Active] CIN = U45201KA2010PTC054009

Company & Directors' Information:- R K C PROMOTERS PVT LTD. [Active] CIN = U70101WB1989PTC046790

Company & Directors' Information:- L B PROMOTERS PRIVATE LIMITED [Active] CIN = U45203DL2002PTC116345

Company & Directors' Information:- S K PROMOTERS PVT LTD [Active] CIN = U45201WB1995PTC068056

Company & Directors' Information:- I V INFRA PRIVATE LIMITED [Active] CIN = U45309PB2008PTC031932

Company & Directors' Information:- M & B INFRA LIMITED [Active] CIN = U70109PB2012PLC036738

Company & Directors' Information:- P G C PROMOTERS (INDIA) PRIVATE LIMITED [Active] CIN = U45201TZ2007PTC013954

Company & Directors' Information:- S P PROMOTERS PVT LTD [Active] CIN = U70101DL1999PTC101359

Company & Directors' Information:- A H INFRA LIMITED [Active] CIN = U31501WB2010PLC155151

Company & Directors' Information:- V & H INFRA PRIVATE LIMITED [Active] CIN = U45203MH2008PTC181787

Company & Directors' Information:- K K M PROMOTERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC135635

Company & Directors' Information:- D K INFRA PROMOTERS INDIA PRIVATE LIMITED [Active] CIN = U70102TG2008PTC059508

Company & Directors' Information:- S G PROMOTERS PRIVATE LIMITED [Active] CIN = U45201WB1998PTC087232

Company & Directors' Information:- S R U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2014PTC065614

Company & Directors' Information:- S G U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2015PTC071682

Company & Directors' Information:- K N PROMOTERS (INDIA) PRIVATE LIMITED [Active] CIN = U70101DL2003PTC120503

Company & Directors' Information:- K R PROMOTERS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC133666

Company & Directors' Information:- P B PROMOTERS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC133928

Company & Directors' Information:- S. V. PROMOTERS PRIVATE LIMITED [Active] CIN = U45200DL2008PTC174803

Company & Directors' Information:- N. S. INFRA PRIVATE LIMITED [Active] CIN = U45200UP2021PTC142424

Company & Directors' Information:- R. K. INFRA PROMOTERS PRIVATE LIMITED [Active] CIN = U45400UP2010PTC041762

Company & Directors' Information:- M G D INFRA PRIVATE LIMITED [Active] CIN = U45400UP2015PTC069886

Company & Directors' Information:- A AND B PROMOTERS PRIVATE LIMITED [Active] CIN = U70101DL1998PTC092360

Company & Directors' Information:- K M PROMOTERS PVT. LTD. [Active] CIN = U70109WB1988PTC045522

Company & Directors' Information:- P S S PROMOTERS PRIVATE LIMITED [Active] CIN = U45400DL2011PTC214532

Company & Directors' Information:- P P PROMOTERS PVT LTD [Active] CIN = U70101WB1988PTC044297

Company & Directors' Information:- K R D INFRA PRIVATE LIMITED [Active] CIN = U45400TZ2020PTC034945

Company & Directors' Information:- I AND L INFRA PRIVATE LIMITED [Active] CIN = U45309AP2021PTC117723

Company & Directors' Information:- G R S PROMOTERS PRIVATE LIMITED [Active] CIN = U45400DL2008PTC173244

Company & Directors' Information:- C S R PROMOTERS PRIVATE LIMITED [Active] CIN = U85110KA1988PTC008882

Company & Directors' Information:- Z INFRA LIMITED [Strike Off] CIN = U45201OR2009PLC010795

Company & Directors' Information:- S B M INFRA PRIVATE LIMITED [Strike Off] CIN = U45201TR2010PTC008299

Company & Directors' Information:- S A P PROMOTERS PRIVATE LIMITED [Converted to LLP] CIN = U70101TZ2007PTC013412

Company & Directors' Information:- S INFRA PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201OR2012PTC016064

Company & Directors' Information:- T K PROMOTERS PRIVATE LIMITED [Active] CIN = U45201WB1999PTC088906

Company & Directors' Information:- J D C INFRA PRIVATE LIMITED [Strike Off] CIN = U45209HR2012PTC045407

Company & Directors' Information:- S S P L INFRA PRIVATE LIMITED [Strike Off] CIN = U45201OR2011PTC013469

Company & Directors' Information:- Y. M. INFRA PRIVATE LIMITED [Active] CIN = U45400MH2010PTC211055

Company & Directors' Information:- V V INFRA PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059111

Company & Directors' Information:- A. F. PROMOTERS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC124258

Company & Directors' Information:- M K PROMOTERS PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2002PTC113995

Company & Directors' Information:- R V G INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2011PTC219732

Company & Directors' Information:- R D PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U67120WB1997PTC086002

Company & Directors' Information:- R S PROMOTERS INDIA PVT. LTD. [Strike Off] CIN = U45201DL1987PTC027425

Company & Directors' Information:- S P G N INFRA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096326

Company & Directors' Information:- Y. C. INFRA PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151352

Company & Directors' Information:- J K S INFRA (INDIA) LIMITED [Active] CIN = U45209PB2012PLC036363

Company & Directors' Information:- J S N INFRA (INDIA) LIMITED [Active] CIN = U45400UP2012PLC050189

Company & Directors' Information:- S V M PROMOTERS PRIVATE LIMITED [Active] CIN = U45201UP1997PTC021479

Company & Directors' Information:- R V J INFRA PRIVATE LIMITED [Active] CIN = U45200DL2013PTC249181

Company & Directors' Information:- J J INFRA INDIA PRIVATE LIMITED [Active] CIN = U45209AP2011PTC078174

Company & Directors' Information:- A R INFRA (INDIA) PRIVATE LIMITED [Active] CIN = U70109MP2007PTC020049

Company & Directors' Information:- J G PROMOTERS PVT LTD [Strike Off] CIN = U51109WB1983PTC036971

Company & Directors' Information:- C S PROMOTERS INDIA PRIVATE LIMITED [Active] CIN = U70200TZ2010PTC016559

Company & Directors' Information:- M. N. INFRA PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U70102UP2011PTC043857

Company & Directors' Information:- A & A PROMOTERS PVT. LTD. [Strike Off] CIN = U74210WB1991PTC052850

Company & Directors' Information:- B N PROMOTERS PRIVATE LIMITED [Active] CIN = U45201DL1996PTC081045

Company & Directors' Information:- N P PROMOTERS PRIVATE LIMITED [Active] CIN = U74899DL1997PTC090762

Company & Directors' Information:- J M V PROMOTERS PVT LTD [Active] CIN = U45202PB2006PTC029797

Company & Directors' Information:- G K V INFRA PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC141814

Company & Directors' Information:- R. V. INFRA PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U45400UP2010PTC040351

Company & Directors' Information:- R. L. PROMOTERS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152909

Company & Directors' Information:- A R PROMOTERS PRIVATE LIMITED [Active] CIN = U70101DL1996PTC082993

Company & Directors' Information:- S B PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U45201WB1998PTC086815

Company & Directors' Information:- S P S PROMOTERS LIMITED [Strike Off] CIN = U45201TN1995PLC033611

Company & Directors' Information:- M R K INFRA PRIVATE LIMITED [Active] CIN = U45209TG2012PTC080558

Company & Directors' Information:- SHIV AND CO PVT LTD [Active] CIN = U15499PB1988PTC008267

Company & Directors' Information:- M R P PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC058436

Company & Directors' Information:- C P PROMOTERS PRIVATE LIMITED [Active] CIN = U45201UP2008PTC036460

Company & Directors' Information:- B T PROMOTERS PRIVATE LIMITED [Converted to LLP] CIN = U70102DL2003PTC123209

Company & Directors' Information:- I J PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U70101DL2005PTC139766

Company & Directors' Information:- N L PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U45200TN2008PTC065976

Company & Directors' Information:- G K R PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U70109TN2011PTC080299

Company & Directors' Information:- G A PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U70200TN2015PTC100040

Company & Directors' Information:- L G INFRA PRIVATE LIMITED [Strike Off] CIN = U45400TN2014PTC095310

Company & Directors' Information:- D & D PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U74990MH2008PTC188858

Company & Directors' Information:- A. & K. INFRA PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U45400MH2014PTC255319

Company & Directors' Information:- S K R PROMOTERS PRIVATE LIMITED [Active] CIN = U70102TN2011PTC082010

Company & Directors' Information:- V L PROMOTERS PRIVATE LIMITED [Active] CIN = U45200TZ2010PTC019175

Company & Directors' Information:- J J INFRA PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U70102UP2011PTC046821

Company & Directors' Information:- M A PROMOTERS PVT LTD [Active] CIN = U70101WB1991PTC050681

Company & Directors' Information:- A B PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U22300CH2012PTC034110

Company & Directors' Information:- S L PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U70100CH2004PTC027297

Company & Directors' Information:- J G INFRA PRIVATE LIMITED [Active] CIN = U45209CH2012PTC034095

Company & Directors' Information:- N. K. PROMOTERS PRIVATE LIMITED [Active] CIN = U55101DL2007PTC168775

Company & Directors' Information:- R H PROMOTERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400DL2009PTC197453

Company & Directors' Information:- H & H PROMOTERS PRIVATE LIMITED [Active] CIN = U45400DL2011PTC222366

Company & Directors' Information:- J K PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U45400DL2013PTC249590

Company & Directors' Information:- E & P INFRA PRIVATE LIMITED [Strike Off] CIN = U74999DL2014PTC271401

Company & Directors' Information:- N M PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC127186

Company & Directors' Information:- T & T INFRA INDIA PRIVATE LIMITED [Strike Off] CIN = U70109DL2015PTC276336

Company & Directors' Information:- K T INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2010PTC199408

Company & Directors' Information:- A V PROMOTERS PRIVATE LIMITED [Active] CIN = U74899DL1996PTC080917

Company & Directors' Information:- A G PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142857

Company & Directors' Information:- N K T PROMOTERS PRIVATE LIMITED [Active] CIN = U70109DL2010PTC211869

Company & Directors' Information:- ON & ON PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U45200DL2008PTC174093

Company & Directors' Information:- B D PROMOTERS PRIVATE LIMITED [Active] CIN = U70100DL2010PTC205229

Company & Directors' Information:- A 4 INFRA PRIVATE LIMITED [Strike Off] CIN = U70100DL2012PTC233921

Company & Directors' Information:- L T PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U70101DL2009PTC190413

Company & Directors' Information:- K & H INFRA PRIVATE LIMITED [Active] CIN = U45209AP2013PTC090417

Company & Directors' Information:- S R A PROMOTERS PRIVATE LIMITED [Strike Off] CIN = U70100HR2012PTC044733

Company & Directors' Information:- C D E F INFRA PRIVATE LIMITED [Active] CIN = U45200KA2011PTC057888

Company & Directors' Information:- M M D INFRA PRIVATE LIMITED [Strike Off] CIN = U70101GJ2013PTC075444

Company & Directors' Information:- P M D INFRA PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050762

Company & Directors' Information:- K B PROMOTERS PVT LTD [Strike Off] CIN = U70109WB1990PTC048529

Company & Directors' Information:- V & T INFRA PRIVATE LIMITED [Strike Off] CIN = U70100TG2008PTC061671

Company & Directors' Information:- COMPANY PROMOTERS LIMITED [Dissolved] CIN = U99999MH1944PTC004189

    RFA. No. 211 of 2017

    Decided On, 21 August 2018

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE VALMIKI J. MEHTA

    For the Appellant: Anil Kumar Chunduru, Advocate. For the Respondent: None.



Judgment Text

Oral:

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (‘CPC’) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 26.10.2016 by which the trial court has dismissed the suit filed by the appellant/plaintiff for recovery of Rs.4,30,860/- being interest for the period of delay from 29.9.2011 till 4.11.2011 with respect to encashment of the cheque for an amount of Rs.1,82,01,960/-, and which cheque amount was the consideration with respect to selling of the property of the appellant/plaintiff to the respondent/defendant.

2. The facts of the case are that appellant/plaintiff sold his property being 1/5th share in agricultural land bearing khatoni no. 40/35, out of khasra nos. 27/5 (5-05), 28/1 (4-16), 2 (4-16), 3 (4-16), 4 (4-16), 5 (4-16), 6 (4-16), 7 (4-16), 8 (4-16) and 9 (4-16), total land 43 bighas 13 biswas situated in the area of village Chandpur, Delhi, to the respondent/defendant. The total sale consideration was Rs.1,82,01,960/- and this was paid by the respondent/defendant/buyer by a cheque bearing no. 106335 dated 29.9.2011 drawn on Syndicate Bank, I.P. Estate, New Delhi. This cheque however on presentation was returned with the remarks that the account was blocked. Ultimately, the appellant/plaintiff represented the cheque which was cleared on 4.11.2011 and therefore claiming interest at 2% per month for the period of delay of encashment of the cheque, the subject suit was filed.

3. Though respondent/defendant originally contested the suit by filing written statement, however no evidence was led on behalf of the respondent/defendant. The respondent/defendant as per its written-statement denied any liability to pay interest on account of delay, including by pleading that there is no such agreement to this effect.

4. After pleadings were complete trial court framed issues and appellant/plaintiff led evidence, and this is recorded in paras 17 to 22 of the impugned judgment and these paras read as under:-

'17. On the basis of pleadings, Ld Predecessor has framed following issues:

(i) Whether the plaintiff is entitled to recover a sum of Rs.4,30,860/from the defendant as prayed? OPP

(ii) Whether the plaintiff is entitled for pendentelite and future interest as prayed? OPP

(iii) Relief.

18. During evidence, plaintiff examined himself on his affidavit, and also relied upon documents mentioned therein as Ex.PW1/1 to Ex.PW1/3 i.e. legal notice issued by the plaintiff, postal receipts thereof, and also AD card. Further, he relied upon certain documents, that were copy of return memo, certificate from the bank and statement of account. Though they were later on proved through witness of the bank, initially these were marked as Mark B to D.

19. Apart from himself, the plaintiff also examined three other witnesses, and out of whom one was his childhood friend namely Sh. Bijender Singh who examined himself on his affidavit Ex.PW2/A as PW2, and stated that in his presence, the defendant had given assurance for payment of interest @ 2% per month on the delayed payment.

20. PW3 Sh. Naresh Kumar was an official from banker of the plaintiff itself, and he produced record regarding cheque in question i.e. consisting of four pages which were Ex.PW3/1, and he proved certificate issued by bank as Ex.PW3/2.

21. Besides this, the plaintiff also examined PW4 Sh. Ramesh Chander Pandey who was an officer in the bank of defendant. This witness was not able to produce any record showing that the account of defendant had been blocked by any supporting order in this regard from any authority whatsoever.

22. PW5 Mrs. Rashmi Rajput was also examined on behalf of the plaintiff on her oral testimony. She has proved authority letter issued by Sh.Vijay Kumar Gulati, executed in her favour as Ex.PW5/A. Apart from that, she also produced minute book on the basis of which, copy of extracts of board resolution Ex.PW5/B (OSR) was admitted.'

5. The only aspect to be considered by this Court is whether the appellant/plaintiff is entitled to interest for the period of delay in encashment of the cheque from 29.9.2011 to 4.11.2011.

6. No doubt there is no agreement between the parties, but counsel for the appellant/plaintiff rightly relies upon paragraph 21 of the judgment of the Supreme Court in the case of South Eastern Coalfields Ltd. Vs. State of M.P. and ors., (2003) 8 SCC 648 and which holds that interest is payable in equity in certain circumstances. This paragraph 21 of the judgment in the case of South Eastern Coalfields Ltd. (supra) reads as under:-

"21. Interest is also payable in equity in certain circumstances. The rule in equity is that interest is payable even in the absence of any agreement or custom to that effect though subject, of course, to a contrary agreement. Interest in equity has been held to be payable on the market rate even though the deed contains no mention of interest. Applicability of the rule to award interest in equity is attracted on the existence of a state of circumstances being established which justify the exercise of such equitable jurisdiction and such circumstances can be many."

7. Learned counsel for the appellant/plaintiff is also justified in arguing that Section 80 of the Negotiable Instruments Act, 1881, provides for interest @18% per annum whenever a cheque is dishonoured, and that though it is stated that ultimately the subject cheque was cleared, but there was a period of non-payment on account of dishonour of the cheque, and therefore Section 80 of the Negotiable Instruments Act applies.

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8. In view of the arguments urged on behalf of the appellant/plaintiff, and the ratio of the judgment of the Supreme Court in the case of South Eastern Coalfields Ltd. (supra), and Section 80 of the Negotiable Instruments Act, it is ordered that appellant/plaintiff is entitled to interest at 1% simple per month from 29.9.2011 till 4.11.2011 on the amount of Rs. 1,82,01,960/-. Money decree is accordingly passed in favour of the appellant/plaintiff and against the respondent/defendant. Appellant/plaintiff will also be entitled to costs throughout. Decree sheet be prepared. 9. The appeal is disposed of accordingly.
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