TaxTMI 
TaxTMI 
2017 (5) TMI 1662
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....60 of 2006, resident of B-62, Ram Dutt Enclave, Uttam Nagar, Delhi and chamber no. 853, C/o Shri Shashi Kumar Shukla, Dwarka Court Complex, New Delhi, has stopped attending the proceedings w.e.f. 10.11.2014. Their counsel assured them that there would not be any problem and the case would go in their favour. 3. During the pendency of the suit, the Authorized Representative/Managing Director (in short „AR‟) of the appellant/defendant company Sh. Pravesh Kumar Mishra talked to the counsel several times. Their counsel informed him that he was taking care of the matter. It is further alleged that after passing of the impugned judgment and decree dated 31.08.2015, their counsel informed them that civil suit filed by the respondent/plaintiff company has been dismissed by the court and there is no necessity to be panicked and they requested their lawyer to provide copies of documents and the court order. It is further alleged that in the end of the year 2015, its AR again requested the counsel to give him copies of all the papers/documents and the counsel promised to supply them but despite assurance he did not adhere his promise. From the end of the year 2015 till September,....
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....red on behalf of appellant company. 8. It is relevant to mention that in its supporting affidavit with leave to defend application, the appellant company has given its address as C- 4, First Floor, Main Market, Malviya Nagar, New Delhi-110017. In its objection dated 24.10.2016 under Order XXI Rule 26 of CPC filed before the Executing Court, the appellant company has given the address of the AR as D-76, Third Floor, Malviya Nagar, New Delhi but of the company as C-4, First Floor, Main Market, Malviya Nagar, New Delhi-110017. In its objection under Order XXI Rule 99 read with Section 151 of CPC in the execution petition, the appellant had given the address of the AR as K-36A, Green Park Main, New Delhi. It did not mention the address of the appellant company. In this present appeal, the appellant has given its address as D-76, 3rd Floor, Malviya Nagar, New Delhi-110017. In the complaint dated 05.11.2016 lodged on its letter head to the Bar Council of India against Sh. Pradeep Kumar, Advocate, the address of the appellant company is mentioned as D-76, 3rd Floor, Malviya Nagar, New Delhi- 110017. 9. In the complaint addressed to the Bar Council of India dated 05.11.2016 as claimed in....
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....ling the civil suit or written statement, the litigant cannot go off to sleep and wake up from a deep slumber after passing a long time as if the court is storage of the suits filed by such negligent litigants. Putting the entire blame upon the advocate and trying to make it out as if they were totally unaware of the nature or significance of the proceedings is a theory put forth by the appellant/applicant/defendant company, which cannot be accepted and ought not to have been accepted. The appellant is not a simple or rustic illiterate person but a Private Limited Company managed by educated businessmen, who know very well where their interest lies. The litigant is to be vigilant and pursue his case diligently on all the hearings. If the litigant does not appear in the court and leaves the case at the mercy of his counsel without caring as to what different frivolous pleas/defences being taken by his counsel for adjournments is bound to suffer. If the litigant does not turn up to obtain the copies of judgment and orders of the court so as to find out what orders are passed by the court is liable to bear the consequences. 12. In a case before Division Bench of this court in Man Sin....
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....Bar Council of India, does not reflects that their counsel stopped appearing w.e.f 10.11.2014 or they were falsely informed about the dismissal of the suit whereas in fact it was decreed. They have also not mentioned in the complaint that they were falsely informed by the counsel and did not supply them copies. In the complaint, it is reflected that they have started contacting the lawyer when the representative of the court visited them on 20.09.2016. Such negligent litigants are bound to suffer. 14. In the facts and circumstances, it appears that either the appellant company is concealing true facts of its knowledge of dismissal of the suit or they have been careless and negligent in pursuing their case in the court of law. Be that as it may, the appellant has failed to make out any justification for condonation of delay. 15. Even if the delay is condoned, I find no merit in the appeal, which I intend to deal hereinafter. RFA No. 497/2017 1. By this RFA the appellant company has challenged the judgment and decree dated 31.08.2015 passed by the court of learned ADJ, by which suit for recovery of Rs. 14,82,213/- filed by the respondent/plaintiff company was decreed with interes....
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....that a sum of Rs. 31,00,000/- has only been paid and therefore a sum of Rs. 15,82,213/- was outstanding. However, the respondent/plaintiff company has claimed amount as admitted by the appellant/defendant company i.e. Rs. 14,82,213/- with interest Rs. 2,51,977/- till filing of the suit. Para 4 of the plaint reads under: - "4. That the defendant had made the payment of Rs. 31,00,000/- to the plaintiff till date and the last payment has been made vide cheque no: 286993 dt. 21.8.2009 for Rs. 1,00,000/-. The balance payment of Rs. 15,82,213/- has been outstanding since then. The defendant has also acknowledged the total amount due and also balance payment of Rs. 14,82,213/- vide letter dated 31.3.2010 on the plea that Rs. 32,00,000/- has been paid. However the record of the plaintiff shows that the defendant has paid Rs. 31,00,000/- only. Thus, Rs. 15,82,213/- has been still outstanding from the defendant to the plaintiff." 5. Corresponding Para 4 of the written statement reads as under: - "4. That the contents of the para No. 4 of the plaint is admitted but nothing is due against the defendant." 6. Learned ADJ has framed the following issues on 09.09.2013: - "1. Whether plaint....