$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI I- CS(OS) 1897/2009 % Judgment dated 14.12.2011 BANSl LAL DHAMIJA Plaintiff I'hrough : Mr. Rajnish Kumar, Adv. versus NAVE/LN NARANG Defendant Through : Mr. Anand Prakash, Adv. CORAM: HONVBLE MR. JUSTICE G.S.SISTANI 1. Wliether the Reporters of local papers may be allowed to see the Judgment? 2. To be referred to Reporter or not? . ' 3. Whether the judgment should be reported in the Digest? G.S.SISTANL J. (ORA}^ 1. Plaintiff has filed the present suit under the provisions of Order XXXVII CPC for recovery of Rs.30,15,000/-. 2. This Court by an order dated 15.9.2010 had granted conditional leave to defend on the basis of a statement made by counsel for the defendant that Rs. 10.00 laldis would be deposited within four weeks and also agreed to furnish a security to the extent of Rs.20.15 laldis. Admittedly the defendant did not deposit Rs. 10.00 lakhs nor did he furnished security to the extent of Rs.20.15 laldis. On 28.10.2010, defendant sought further lime to comply with the order datcc CS(OS) 1897/2009 , Page I of 4 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 15.9.2010, however, the order was not complied with and an application, being I.A.NO.5295/2011 was filed for modification of the order dated 28.10.2010, which was dismissed on 5.7.2011. 3. ]..earned counsel for the plaintiff prays that present suit may be decreed. 4. As per the plaint, defendant represented to the plaintiff that he was in dire need of money to start some business. The defendant requested the plaintiff for a friendly loan of Rs.27.50 laldis against his property bearing no.BL-54, Third Floor, Shalimar Bagh, Delhi. I Defendant assured the plaintiff to reflmd the said amount latest by 31.1.2009. Keeping in view the friendship and being neighbours and also believing the assurances and misrepresentations made by defendant, the plaintiff gave a friendly loan to the defendant to the tune of Rs.27.5,0 lakhs in cash. Defendant had agreed to pay interest at the rate of 1.5% per month. Parties executed a written agreement dated 19.11.2008. yks per the terms of the agreement defendant agreed to refund the said loan amount latest by 31.1.2009. In discharge of his admitted liability defendant issued three post-dated cheques dated 31.1.2009 total amounting to Rs.27.50 lakhs to the plaintiff. Defendant, also paid interest dill 31.1.2009, to the plaintifl . On 30.1.2009 defendant approached the plaintiff and expressed his inability to pay the said amount and requested for time to repay the same as a goodwill gesture, to which the plaintiff agreed. In discharge of his debt and for the extended, period defendant issued the following three cheques in favour of the plaintilT; CS(OS) 1897/2009 Page 2 of 4 Cheque No. Dated Amount All drawn on 041931 5.9.2009 Rs. 10,00,000/- Bank of Baroda 041932 10.9.2009 Rs. 10,00,000/- Karol Bagh Branch 041933 15.9.2009 Rs. 10,00,000/- New Delhi- 5 5. Learned counsel for the plaintiff submits that on presentation of the aforesaid cheque the same was received back with the remark n 'insufficient funds'. Counsel further submits that a legal notice was issued on 19.9.2009 by Registered AD post, UPC and courier to the defendant calling upon the defendant to pay the said amount along with interest at the rate of 8%, per annum. Notice was duly served but no amount was received. Based on three cheques, details of which have been extracted above, plaintiffs prays for decree. 6. I have heard counsel lor the parties and also perused the plaint, original agreement, copy of the legal notice, postal receipts, UPC and courier receipts and original cheques total amounting to Rs.30.00 lalchs, which have been placed on record. As per this agreement, the defendant has aclcnowledged receipt of Rs.27.50 laldis. The agreemenl also mentions handing over three post dated cheques in the total sum of Rs.27.50 laldis. As the defendant requested' for further time to make the payment he handed over three cheques in CS(OS) 1897/2009 Page 3 of 4 35 the sum of Rs.30.00 lakhs. All the eheques were returned by the bankers of the defendant due to insuffieient funds. Return Memos have also been placed on record. 7. In view of above, present suit is decreed for a sum of Rs.30,15,000/- lakhs along with costs and pendente lite and Riture interest @8%, per annum, from the date of institution of the suit till its realisation. Let a decree sheet be drawn up accordingly. G.S.SISTANI,J DECEMBER 14,2011 msr CS(OS) 189 7/2009 Page 4 of 4