Srinagar: A Trial Court on Tuesday issued an ex-parte decree directing defendant Jaffar Khan to pay 11,80,000 rupees along with 6% annual interest to plaintiff Abid Hussain Pandit, in a case involving an alleged fraudulent investment scheme.
The plaintiff (Pandit) stated that the defendant, posing as a Director of Z.R. Alpha, a real estate company, motivated him to invest ₹10,00,000 in a purported 2 crore real-estate project, promising repayment with 18% interest after 365 days.
It was stated before the court that despite multiple reminders and a legal notice, the defendant failed to return the funds.
Summons sent via registered post and were delivered to the defendant but went unanswered, prompting the court to continue ex-parte.
The court of Justice Anjum Ara noted that service of summons was validly effected, yet the defendant chose not to appear or contest the case.
It held that the plaintiff’s evidence—both oral and documentary—remained “unrebutted and unchallenged,” and therefore carried a presumption of correctness.
The court further recorded that the witnesses fully corroborated the plaintiff’s version, confirming the investment, the agreed repayment terms, and the defendant’s failure to return the amount.
It was observed and recorded by the Court that the plaintiff’s case “inspires confidence” and that the defendant’s absence indicated he had “nothing to say in rebuttal.”
Justice Ara concluded that the plaintiff had successfully proved entitlement to the claimed amount, and that the suit was filed within the period of limitation.
The court allowed the suit and decreed recovery of ₹11,80,000 with 6% per annum interest until realization, along with litigation costs.
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