Meenakshi Gupta W/o Sh. Shyam Lal Goel Gali No. 10, Sarojini Park, Shastri Nagar, Delhi­110031 ..........Defendant Date of Institution of Suit : 16/02/2010 Date when arguments concluded and case fixed for Orders : 18/08/2011 Date of Decision : 27/08/2011 Final Order : Suit Decreed. SUIT FOR RECOVERY OF A SUM OF RS. 7402/­ (RUPEES SEVEN THOUSAND FOUR HUNDRED AND TWO ONLY) ALONGWITH PENDENTE LITE INTEREST Anand Swaroop Aggarwal SCJ­Cum­RC:East, Delhi Suit No. 63/10 Page 1/8 EX­ P A R T E J U D G M E N T 1. Plaintiff has filed this suit with a prayer for decree in favour of plaintiff and against defendant for a sum of Rs. 7402/­ together with cost of the suit, pendentelite and future interest @ 18% per annum from the date of institution of suit till its realization. 2. In brief case of plaintiff is that plaintiff is public limited company duly incorporated and registered under the provisions of the Companies Act, 1956 having its registered office at 11/6B, Shanti Chambers, Pusa Road, New Delhi 110005. Previously, the registered office of the said company was at 17, Netaji Subhash Marg, Darya Ganj, New Delhi 110002. As alleged plaintiff is registered Broker and Member of National Stock Exchange of India Ltd. (NSEIL) and Bombay Stock Exchange Limited (BSE) and registered with the Securities & Exchange Board of India (SEBI) for both Cash Segment and for Derivatives segment and also plaintiff is member of Central Depository Services Limited (CDSL) and National Securities Depository Limited (NSDL). As per plaintiff, Sh. Rakesh Gupta, Director of the plaintiff company has been authorized vide Board Resolution dated 28/03/2009 to sign, institute, present, verify, Anand Swaroop Aggarwal SCJ­Cum­RC:East, Delhi Suit No. 63/10 Page 2/8 produce evidence and take all such steps which are necessary and incidental for the proper adjudication of the present suit and also has the authority to authorize any person to do all the needful in this regard and therefore, he has authorized Mr. Manoj Kumar to appear on his behalf and do all the needful to proceed with this suit. As alleged plaintiff is engaged in the business of providing trading and depositary services with respect to security market in cash and derivative segment to its client. As per plaintiff, defendant with an intention to do business in security market filled up CRF (Client Registration Form) with the necessary facts and information and made an offer to the plaintiff company with a view to obtain its assent over the tendered offer and information, per se the CRF. Plaintiff after receipt of offer document from defendant, checked and verified all the documents, facts and figures, credentials and tendered information at the plaintiff's registration office at Delhi and after satisfying that information provided by defendant in CRF are true and correct and in consonance with the Rules, Regulations, Laws and Bye laws applicable to securities market prescribed by Regulatory bodies such as SEBI/NSEIL/BSE and related with securities market, signed Anand Swaroop Aggarwal SCJ­Cum­RC:East, Delhi Suit No. 63/10 Page 3/8 the offer documents of defendant at Delhi. The confirmation and acceptance of offer of defendant by plaintiff company was intimated to defendant and thus a valid agreement dated 04/08/2007 between plaintiff and defendant came into existence at Delhi with respect to NSE cash and de