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M/S Guru Nanak Co Operative Society vs Vinod Kumar on 10 March, 2023

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                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      RFA 192/2023
                                 M/S GURU NANAK CO OPERATIVE SOCIETY..... Appellant
                                                    Through:       Mr.Arun Batt, Advocate .
                                                    versus

                                 VINOD KUMAR                                         ..... Respondent
                                                    Through:
                                 CORAM:
                                 HON'BLE MR. JUSTICE GAURANG KANTH
                                                    ORDER

% 10.03.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).

CM APPL No. 11540/2023

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

3. The appellant (original plaintiff) is aggrieved by the impugned judgment and decree dated 26.09.2022 passed by Additional District Judge- 01, East District, Karkardooma Courts, Delhi, in Civil Suit CS No. 503/18 titled as M/s. Guru Nanak Co-operative Society versus Vinod Kumar.

4. By the impugned judgment, the learned Trial Court was pleased to dismiss the suit for recovery filed by the appellant against the respondent (original defendant).

5. Learned counsel for the appellant submits that the appellant is group of individuals, however, it is acting as an unregistered co-operative society.

6. Learned counsel for the appellant submits that a loan agreement dated 10.07.2015 was entered between the parties. Respondent took a loan for a total amount of Rs.3,03,500/- from the appellant during the year 2013-15 with an interest rate of 1.5% per month. However, the respondent failed to pay the loan installment amount as well as monthly membership amount.

7. In these circumstances, the appellant issued a legal notice dated 12.06.2018 to the respondent for the repayment of the said loan amount. On his failure to repay the loan amount, the appellant filed the suit for recovery against the respondent. The learned Trial Court dismissed the said suit filed by the appellant. Being aggrieved the present appeal is filed.

8. Learned counsel for the appellant submits that the learned Trial Court had erroneously dismissed the suit on the ground that the appellant had failed to prove the loan transaction between the parties, whereas, the respondent in his cross-examination had admitted his signatures on the loan documents.

9. Learned counsel further submits that without reading the contents of Ex. PW-1/B to Ex. PW-1/E and Ex. PW1/G, the learned Trial Court had erroneously held that all these documents are loan approval applications though the contention of the appellant was that these documents are loan disbursal forms.

10. This matter requires consideration.

11. Issue notice to the respondent through all modes including electronic mode and dasti, returnable on 09.10.2023.

12. In the meanwhile, Trial Court record be requisitioned.

13. Registry is directed to digitize the Trial Court record and return the Trial Court record immediately after digitization.

GAURANG KANTH, J.

MARCH 10, 2023/neelam Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:14.03.2023 19:37:22