Delhi District Court
Himan Kulshreshta vs Preksha Jain on 9 January, 2026
IN THE COURT OF SH. VIVEK BENIWAL
SENIOR CIVIL JUDGE-CUM-RENT CONTROLLER, EAST,
KARKARDOOMA COURTS, DELHI.
CS No. 29/2023
CNR NO. DLET03-000053-2023
In the matter of :-
Mr. Himan Kulshreshta
Prop. of M/s Just4you Surprise Planners,
T/F, 33-A, Plot No.33,
Ganesh Nagar Extn-II, Delhi-110092
........ Plaintiff
Versus
Ms. Preksha Jain
R/o 310, B Wing,
Usha Nagar, Village Road,
Bhandup West, Mumbai,
Maharashtra-400078
Also at:
Room No.7, Gururamdas Nagar,
Village road, Mumbai-400078
Maharashtra
.........Defendant
SUIT FOR RECOVERY OF Rs. 2,91,200/-(RUPEES TWO
LAKHS NINETY ONE THOUSAND TWO HUNDRED ONLY)
ALONG WITH PENDENTE LITE INTEREST @ 18% P.A.
Date of Institution : 10.01.2023
Date of judgment: : 09.01.2026
JUDGMENT
CASE AS PER PLAINT Digitally signed by Vivek Vivek beniwal Date:
beniwal 2026.01.13 16:01:54 +0530 CS No. 29/2023 Himan Kulshreshta Vs. Preksha Jain Page No. 1 of 6
1. The defendant is working in the field of digital marketing and approached the plaintiff in the month of April, 2022 demanding a loan amounting to Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only) as the defendant was badly in need of funds for her business.
Defendant also assured the plaintiff that the same will be repaid on or before 10.08.2022. After that the plaintiff transferred the said amount in the bank account of the defendant on several dates i.e. on 26.04.2022 amount of Rs.25,000/-; on 27.04.2022 amount of Rs.75,000/-; on 12.05.2022 amount of Rs.50,000/-; on 13.05.2022 amount of Rs.75,000/-; on 14.05.2022 amount of Rs.25,000/- and on 17.06.2022 amount of Rs.10,000/- .
2. For repaying the said amount of Rs.2,60,000/- the defendant issued two post dated cheques bearing no.856743 dated 05.08.2022, amounting to Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) & bearing no.856744 dated 10.07.2022, amounting of Rs.2,00,000/- (Rupees Two Lakhs only) both drawn on SBI, Bahur (West) Branch, Mumbai, Maharashtra-400078 and requested the plaintiff not to deposit the same without informing her.
3. On 08.10.2022, the defendant asked the plaintiff to deposit the cheque bearing no.856744 in his bank account to honor the cheque and accordingly the plaintiff deposited the aforesaid cheque on 10.10.2022 which returned vide returning memo dated 10.10.2022 unpaid with the remarks 'Instrument Out Dated". Upon this the plaintiff contacted the defendant regarding the fate of the above said outdated cheque to which the defendant asked the plaintiff to deposit another cheque bearing no.856743 in his bank account to honour the cheque and accordingly, the plaintiff deposited the aforesaid cheque on 12.10.2022. Again the said cheque was not honored on presentation by the Banker of the defendant and was returned vide returning memo Digitally signed by Vivek Vivek beniwal Date:
beniwal 2026.01.13 16:02:08 +0530 CS No. 29/2023 Himan Kulshreshta Vs. Preksha Jain Page No. 2 of 6 dated 13.10.2022 with the remarks "Funds Insufficient". Upon this the plaintiff again contacted the defendant regarding the fate of the above said cheques to which the defendant told the plaintiff to wait for few days so that the funds could be arranged and hence the plaintiff again contacted the accused on WhatsApp and emails but the defendant kept lingering on payment.
4. The plaintiff has sent a legal notice dated 07.12.2022 demanding the loan amount of Rs.2,60,000/- alongwith interest @ 18% per annum from 10.08.2022 i.e. the date of borrow, till the final payment is made. Despite the service of the legal notice dated 10.12.2022, the defendant failed to pay any amount to the plaintiff.
Hence, the present suit is filed.
PRELIMINARY PROCEEDINGS
5. Summons of the suit were issued to the defendant not received back. RC also not received back. Summons served through whatsapp and email. Summons sent through Speed Post have come back with the report 'unclaimed'. Summons issued vide order dated 07.01.2025 received back unserved and Ld. Counsel for the defendant refused to accept the summons. Further, defendant has neither appeared nor filed WS. In view of the same, defendant is proceeded ex-parte vide order dated 04.03.2025.
PLAINTIFF'S EVIDENCE
6. In order to prove the case of the plaintiff, plaintiff stepped into the witness box as PW1 and filed his examined-in-chief evidence by way of affidavit which was exhibited as Ex.PW1/1 wherein he reiterated and reaffirmed the contents of the plaint. PW-1 also relied Digitally signed by Vivek Vivek beniwal Date:
beniwal 2026.01.13 16:02:17 +0530 CS No. 29/2023 Himan Kulshreshta Vs. Preksha Jain Page No. 3 of 6 upon the following documents:-
a) Cheque bearing no.856744 dated 10.07.2022 amounting to Rs.2,00,000/- which is exhibited as Ex. PW1/A(OSR);
b) Cheque returning memo dated 10.10.2022 which is exhibited as Ex.PW1/B (OSR);
c) Cheque bearing no.856743 dated 05.08.2022 amounting to Rs.1,25,000/- which is exhibited as Ex.PW1/C (OSR);
d) Cheque returning memo dated 13.10.2022 which is exhibited as Ex.PW1/D (OSR);
e) Legal notice dated 07.12.2022 which is exhibited as Ex.PW1/E;
f) Postal receipts dated 07.12.2022 which is exhibited as Ex.
PW1/F;
g) Screenshots of whatsapp chats which are exhibited as Ex.PW1/G (colly);
h) Photocopies of 17 cheques which are marked as Mark-A;
and
i) A certificate u/S 65 B of Indian Evidence Act, 1872 which is exhibited as Ex.PW1/H.
7. The Plaintiff's evidence was concluded on 12.11.2025 vide separate statement of Plaintiff. Case file has been perused. Submissions already made have been considered. My findings and observations on facts in issue are delineated hereinafter.
FINDINGS & CONCLUSION
8. The Defendant has not filed written statement to contest the suit of the Plaintiff. As stated earlier, the Defendant was proceeded ex-
parte. Once the Defendant does not file the written statement, then the Digitally
signed by
Vivek
Vivek beniwal
beniwal Date:
2026.01.13
16:02:25
+0530
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case of the Plaintiff is deemed to be admitted and the suit could have been decreed by taking recourse to Order VIII Rules 5 and 10 of CPC as facts not specifically denied are taken to be admitted and need not be proved.
9. The testimony of PW-1 has remained unrebutted and uncontroverted. Moreover, the case of the Plaintiff is based on and is substantiated by documentary evidence. In view of the unrebutted and uncontroverted evidence adduced by the Plaintiff, the Court holds that the present suit is disposed in favour of the Plaintiff and against the Defendant for sum of Rs.2,60,000/-.
10. The Plaintiff has claimed Pendente-Lite and Future interest @ 18% per annum w.e.f. 26.04.2022 till the date of filing of the suit. However, the interest rate is on the higher side. Therefore, reasonable interest @ 10% per annum is granted from filing of the suit till the date of realization of Rs.2,60,000/-. Subsequent payments, if any, made by the Defendant shall be duly credited in the decretal amount. Costs of the suit is also awarded in favour of the Plaintiff, as per rules.
RELIEF
11. A decree for sum of Rs.2,60,000/- is passed in favour of the Plaintiff and against the Defendant along with interest @ 10% per annum from the date of filing of the suit till the date of realization of the same. The cost of the suit is also awarded against the Defendant, as per rules. Deficient court fee, if any, be deposited at the time of execution. Decree-sheet be prepared accordingly. File be consigned to Record Room after due compliance.
Announced in open court on this 09th January, 2026 Digitally signed by Vivek Vivek beniwal beniwal Date:
2026.01.13 16:02:34 +0530 CS No. 29/2023 Himan Kulshreshta Vs. Preksha Jain Page No. 5 of 6 Digitally signed Vivek by Vivek beniwal Date:
beniwal 2026.01.13 16:02:47 +0530 Vivek Beniwal Senior Civil Judge-cum-RC (East) Karkardooma Courts, Delhi This judgment consists of 6 pages and each and every page of this judgment is signed by me.
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