Delhi District Court
Mukesh Kumar vs Prithipal Singh on 8 September, 2014
Mukesh Kumar Vs Prithipal Singh
IN THE COURT OF SH. VISHAL PAHUJA: CJ04 (SOUTH):
SAKET COURTS COMPLEX, NEW DELHI
In the matter of :
CS No. 274/2014
MUKESH KUMAR
VS
PRITHIPAL SINGH
08.09.2014
Present: Ld. counsel of plaintiff.
Summons issued against defendant has been received back with the report of duly served on 11.08.2014. Statutory period of 10 days for entering an appearance as prescribed under Order XXXVII CPC has already been expired. Hence, suit of the plaintiff is liable to be decreed under Order XXXVII Rule 2(3) CPC.
Plaintiff has filed the present suit for recovery of Rs. 48,500/ and has averred that defendant approached the plaintiff for some financial help in the month of October 2012. That plaintiff knew the defendant for many years so he agreed to help him and a loan of Rs.48,500/ was given to the defendant by way of cash on 22.10.2012 and defendant assured the plaintiff to repay the same within one year. That on expiry of one year, plaintiff approached the defendant for repayment of loan and defendant expressed his inability to pay the same on pretext that he is still in financial problem and he will repay the loan amount very soon. That after constant persuasion and follow up, defendant gave a cheque of Rs.48,500/ bearing no.545882 CS No. 274/2014 1 of 2 Mukesh Kumar Vs Prithipal Singh drawn on Axis Bank, DLF Gurgaon, Haryana, SG21 & 22, Galleria, Shopping Mall, PhaseIV, DLF Qutub Enclave Complex, Gurgaon122002 in discharge of his liabilities towards the plaintiff on 28.02.2013. That on presentation of said cheque on 25.03.2014, the same was returned unpaid without any remarks and again on presentation on 10.04.2013, the said cheque got bounced/dishonored for reason being insufficient funds vide returning memo slip dated 11.04.2013. That on approaching to the defendant, plaintiff was assured that loan amount will be paid very soon. That despite repeated requests and demands of plaintiff, defendant has not returned the aforesaid loan amount. That a legal notice dated 07.05.2013 was also served upon the defendant but all in vain. Hence, the present suit filed by the plaintiff.
The plaintiff has claimed interest @24% per annum which in my view is exorbitant. Thus, suit of the plaintiff is partly decreed and a decree for recovery of Rs.48,500/ alongwith interest @12% per annum from the date of institution of the suit till realization is hereby passed in favour of the plaintiff and against the defendant. Costs of the suit are also awarded to the plaintiff. Decree sheet be prepared accordingly.
File be consigned to record room after due compliance.
Announced in the open Court on 08.09.2014 (Vishal Pahuja) CJ04 (South)/Saket Courts New Delhi/08.09.2014 CS No. 274/2014 2 of 2