Delhi High Court - Orders
Renu Promoters Pvt. Ltd vs Govind Radhe Real Estate Private ... on 29 January, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 70/2020 & I.A. 715/2023
RENU PROMOTERS PVT. LTD. ..... Plaintiff
Through: Mr. Akhil Sachar Adv (M.
9891105069)
versus
GOVIND RADHE REAL ESTATE
PRIVATE LIMITED & ORS. ..... Defendants
Through: Appearance not given.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 29.01.2024
1. This hearing has been done through hybrid mode. I.A. 715/2023 (for leave to defend)
2. The present application has been filed under Order XXXVII Rule 3(5) CPC seeking leave to defend. It is the case of the Applicant/Defendants that they have been compelled to file the present application as the suit against them is based on false allegations. As per the Applicant, the suit falsely claims to be founded on a purported cheque issued by Defendant No. 1 in 2019 and accordingly, the Applicant contests the validity of this claim and, consequently, seeks an opportunity to present its defense in Court.
3. In the present suit, the Plaintiff is seeking recovery of a sum of Rs. 2,35,00,000/-. The case of the Plaintiff is that it had given a sum of Rs. 1,85,00,000/- to the Defendant which has not been repaid and a Cheque dated 19th September 2019 was also issued for a sum of Rs. 2,35,00,000/- which included the interest. The Plaintiff claims that the said cheque was This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/02/2024 at 23:20:18 dishonoured and returned by the bank with the remark 'ACCOUNT BLOCKED'. Hence, the suit is filed under Order 37 CPC, for recovery of the cheque amount.
4. The Defendants have filed for leave to defend and relied upon various documents on record. One of the allegations of the Defendants is that there was a continuous relationship between the Plaintiff and another company in which the Plaintiff's promoters had a stake i.e. M/s BDR Builders and Developers Private Limited. As per the Defendants, the cheque was not issued to the Plaintiff but was issued way back in 2015 to M/s BDR Builders and Developers Private Limited which is sought to be misused by filling up the Payee's name and amount, as the said cheques issued to BDR were blank in nature.
5. Ld. Counsel for the Defendants also points out that in the complaint under Section 138 of the Negotiable Instruments Act, 1881, the Defendant has been given permission to cross-examine and lead evidence in the matter which shows that it has a credible case for defending itself.
6. Per Contra, Mr. Sacchar, ld. Counsel for the Plaintiff disputes these contentions and states that the cheque having not been denied, the suit is liable to be decreed. No leave is liable to be granted as the Defendants have no credible or tenable defence.
7. After having heard the ld. Counsels for the parties and having perused the documents, it is noticed that the counterfoils that have been filed to show that the cheque was issued in 2015 and the date of the cheque now sought to be relied upon is not of the years 2018-2019. The Court has also seen the cheque number and the date when cheques with similar numbers have been issued and account of the Defendant has been debited.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/02/2024 at 23:20:18
8. Accordingly, with the consent of parties, conditional leave to defend is granted to the Defendant subject to the deposit of sum of Rs. 50,00,000/- within a period of 8 weeks with the worthy Registrar General of this Court which shall be kept in a FDR on auto renewal mode.
9. The application seeking leave to defend is allowed in the above terms. Application is disposed of.
10. In light of the consent order mutually agreed upon by all parties involved in the suit, this Court has refrained from making any observations on the merits of the contentions raised by either side. CS(COMM) 70/2020
11. Subject to the said deposit, as directed in I.A. 715/2023 the Defendant is permitted to file its written statement within a period of 30 days along with the affidavit of admission/denial.
12. Let pleadings be completed in the suit.
13. List before the Joint Registrar on 9th April, 2024.
14. List before the Court on 1st August, 2024.
PRATHIBA M. SINGH, J.
JANUARY 29, 2024 Rahul/am This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/02/2024 at 23:20:19