Delhi District Court
Hazoor Sahib Housing And Finance India ... vs Ajit Singh Dua on 22 January, 2026
IN THE COURT OF MS. RENU: CIVIL JUDGE : NORTH
DISTRICT, ROHINI COURTS : DELHI
CS SCJ 530/2023
CNR No. -DLNT030010152023
In reference:
HAZOOR SAHIB HOUSING & FINANCE (INDIA) LIMITED
85, Mall Road, G.T.B. Nagar,
Delhi-110009
Through
Pardeep Arora (Director) ............. Plaintiff
VERSUS
1. MR. AJIT SINGH DUA
S/o Sh. Man Mohan Singh Dua
Proprietor of M/s Dua & Co.
R/o J-9/18, Rajouri Garden,
New Delhi-110027.
2. MR. MAN MOHAN SINGH DUA
S/o Late Sh. B. S. Dua
R/o J-9/18, Rajouri Garden,
New Delhi-110027. .............Defendants
Date of Institution : 19.05.2023
Date of reservation of Judgment : 13.11.2025
Date of Judgment : 22.01.2026
Decision : Decreed
CS SCJ NO. 530/2023 Hazoor Sahib Housing & Fiance India Ltd. Vs. Ajit Singh Dua & Anr. Page 1 of 10
JUDGMENT
1. The present suit has been filed by the plaintiff against the defendants for recovery of Rs. 2,62,086/- i.e. Rs. 2,09,000/- towards principal and Rs. 53,086 towards interest @ 24% P.A. w.e.f. December 2021 till May 2023.
FACTS AS PER THE PLAINT :-
2. The case of the plaintiff as per plaint in brief are that the plaintiff is a company duly incorporated under the provisions of Companies Act, 1956 as amended up to date and is also registered as Non-Banking Financial Insitution by RBI and is presently engaged in the business of housing and finance in the name and style of M/s Hazoor Sahib Housing and Finance India Ltd. The present suit has been filed by its director Mr. Pardeep Arora, who is authorized by the plaintiff company vide Board Resolution dated 07.04.2023 passed in meeting of Board of directors.
2.i) It is averred that the defendants approached the plaintiff company in its office at GTB Nagar, Delhi and the defendant no. 1 represented himself as proprietor of M/s Dua & Co. by furnishing the signed copy of GST Registration Certificate and requested the plaintiff company to provide a loan of Rs. 3,60,000/- in the name of his proprietary firm and the plaintiff agreed to provide the loan of Rs. 3,60,000/- to defendant no. 1 subject to the condition that he will repay the aforesaid loan of Rs. 3,60,000/- together with interest in 25 monthly installments of Rs. 19,000/- each. The aforesaid loan of Rs.
CS SCJ NO. 530/2023 Hazoor Sahib Housing & Fiance India Ltd. Vs. Ajit Singh Dua & Anr. Page 2 of 103,60,000/- was paid by the plaintiff company through RTGS on 14.10.2020 from its bank by using cheque no. 172509, drawn at Oriental Bank of Commerce (now PNB), Kingsway Camp, GTB Nagar, Delhi-09. That while obtaining the aforesaid loan of Rs. 3,60,000/-, the defendant no. 1 signed a promissory note cum receipt dated 14.10.2020 and the defendant no. 2 signed the said promissory note dated 14.10.2020 as guarantor and both the defendants, jointly and severally, promised to repay the aforesaid loan amount together with interest thereon in 25 monthly installments of Rs. 19,000/- each.
2.ii) It is further averred that the defendant no. 1 also gave/issued 25 post-dated cheques of Rs. 19,000/- each, drawn at Bank of Maharashtra, J-8/77G, Ground Floor, Nehru Market, Rajouri Garden, New Delhi-110027 from the account no. 60359466501 being maintained in the name of M/s Dua & Co. of which the defendant no. 1 is a proprietor, towards payment of monthly installments to the plaintiff company. It is further averred that defendant no. 1 has made payment of monthly installments only till November 2021, thus the defendant no. 1 has made payment of a sum of Rs. 2,66,000/- only by making payment of 14 monthly installments till date. The monthly installments since December 2021 are due and the defendants not making the payment of monthly installments from December 2021 till October 2022 i.e. 11 monthly installments of the aforesaid loan amount as some of the cheques issued towards monthly installments were got dishonored. It is further averred that all the efforts of the plaintiff company to contact the defendants and ask to make the payment of the outstanding amount of Rs. 2,09,000/- went in vain.
CS SCJ NO. 530/2023 Hazoor Sahib Housing & Fiance India Ltd. Vs. Ajit Singh Dua & Anr. Page 3 of 10Thereafter, the plaintiff got served the defendants, through counsel, the legal notice dated 13.04.2023 via speed post on 15.04.2023 whereby the defendants were called upon to make payment of Rs. 2,09,965/- alongwith interest @ 24% per month. The aforesaid notices were duly received by the defendants as per the speed post tracking report downloaded from the internet, however, despite expiry of the reasonable time period, the defendants have not turned up for making payment of outstanding of the plaintiff despite receipt of the legal notice. Hence, the present suit.
PRAYER:-
3. Plaintiff has made the following prayer:-
(a) A decree for a sum of Rs. 2,62,086/- i.e. Rs. 2,09,000/- towards Principal and Rs. 53,056/- towards interest @ 24% p.a. w.e.f.
December 2021 till May 2023 alongwith future and pendentilite interest @ 24% p.a. from the date of filing of the suit till the payment is made by the defendants, in favour of the plaintiff company and against the defendants may be passed ;
(b) A decree for the cost of the suit in favour of the plaintiff and against the defendants may be passed ;
(c) Any other relief.
DEFENCE :-
4. Defendant no. 1 was duly served and entered appearance on 24.08.2023 and the WS was filed on 22.11.2023. Despite opportunity, no application for condonation of delay in filing WS was filed by CS SCJ NO. 530/2023 Hazoor Sahib Housing & Fiance India Ltd. Vs. Ajit Singh Dua & Anr. Page 4 of 10 defendant no. 1. Accordingly, the WS of defendant no. 1 is not taken on record. Defendant no. 2 was served on 17.07.2023 but WS was not filed by defendant no. 2 and his right to file WS has been closed vide order dt. 09.05.2024.
ISSUES:-
5. No issues have been framed in the present matter as write to file WS of both the defendants have been closed.
DOCUMENTS & EVIDENCE:-
6. In support of the case of the plaintiff, Shri Pardeep Arora, Director/AR of plaintiff company, was examined as PW1 by way of affidavit Ex.PW1/A and has relied upon the following documents:
(a) Ex PW-1/1 being the board resolution dated 07.04.2023.
(b) Ex PW-1/2 being the computer generated copy of master data of Plaintiff company.
(c) Ex PW-1/3 being the copy of certificate of registration issued by RBI. Same being a copy, was de-exhibited and marked as Mark B.
(d) Ex PW-1/4 being the copy of GST Registration Certificate of M/S Dua and Co.
(e) Mark A being the copy of statement of account of Plaintiff company being maintained in PNB, Kingway Camp, Delhi for the period 01.10.2020-31.10.2020.
(f) Ex PW-1/5 being the voucher dated 14.10.2020.
(g) Ex PW-1/6 being the demand promissory note dated 14.10.2020.
(h) Ex PW-1/7 (Colly) being the original 11 cheques.CS SCJ NO. 530/2023 Hazoor Sahib Housing & Fiance India Ltd. Vs. Ajit Singh Dua & Anr. Page 5 of 10
(i) Ex PW-1/8 being the copy of statement of account of the Defendants maintained by the Plaintiff from 01.04.2020 to 14.05.2023.
(j) Ex PW-1/9 being the copy of legal notice dated 13.04.2023.
(k) Ex PW-1/10 (Colly) being the postal receipts dated 15.04.2023.
(l) Ex PW-1/11 (Colly) being the speed post tracking reports downloaded from internet.
(m) Ex PW-1/12 being the certificate u/S 65B, IEA.
7. PW-1 was not cross-examined by Ld. Counsel for defendants despite opportunity. Accordingly, right to cross-examine PW-1 was closed vide order dated 07.08.2025.
8. PW-2 Shri Ashwani Verma was examined as a summoned witness and proved the documents i.e. statement of account bearing no. 02801010005040 of M/S Hazoor Sahib Housing and Finance India Limited for the period 01.10.2020 to 31.12.2020. The same is exhibited as Ex. PW-2/1. He was not cross-examined by Ld. Counsel for defendants.
9. On the statement of Director/AR of the plaintiff, PE was closed vide order dt. 07.08.2025.
FINAL ARGUMENTS:
10. Final arguments have been heard at length on behalf of the plaintiff as defendants chose not to address arguments. Accordingly, their right to lead arguments was closed vide order dated 13.11.2025.
CS SCJ NO. 530/2023 Hazoor Sahib Housing & Fiance India Ltd. Vs. Ajit Singh Dua & Anr. Page 6 of 10FINDINGS OF THE COURT:-
11. Before embarking to decide the present case, it would be appropriate to reiterate the burden of proof required to be discharged in civil proceedings. As laid down in Postgraduate Institute of Medical Education and Research v. Jaspal Singh, (2009) 7 SCC 330, the burden which ought to be discharged in civil proceedings in not as strict as in criminal cases and in order for any party to succeed, he/it is required to prove his/its case on the preponderance of probabilities. The relevant portion of the aforesaid pronouncement is hereby produced here for the sake of brevity:
"It has been held that there is a marked difference as to the effect of evidence, namely, the proof, in civil and criminal proceedings. In civil proceedings, a mere preponderance of probability is sufficient, and the defendant is not necessarily entitled to the benefit of every reasonable doubt; but in criminal proceedings, the persuasion of guilt must amount to such a moral certainty as convinces the mind of the court, as a reasonable man, beyond all reasonable doubt."
12. Further, Section 104 of the Bhartiya Sakshya Adhiniyam,2023 defines "burden of proof" and laid down that the burden of proving a fact always lying upon the person who asserts the facts. Until such burden is discharged, the other party is not required to be called upon to prove his case. The court has to examine as to whether the person upon whom the burden lies has been able to discharge his burden. Until he arrives at such conclusion, he cannot proceed on the basis of weakness of other party.
13. In order to prove its case, the plaintiff has led evidence through its CS SCJ NO. 530/2023 Hazoor Sahib Housing & Fiance India Ltd. Vs. Ajit Singh Dua & Anr. Page 7 of 10 director/authorized representative PW-1/Shri Pardeep Arora. PW-1 in his testimony deposed that he is authorized representative of the plaintiff company and is competent to swear the affidavit. PW-1 has referred to documents viz. (a) Ex PW-1/1 being the board resolution dated 07.04.2023, (b) Ex PW-1/2 being the computer generated copy of master data of Plaintiff company, (c) Ex PW-1/3 being the copy of certificate of registration issued by RBI. Same being a copy as Mark B, (d) Ex PW-1/4 being the copy of GST Registration Certificate of M/S Dua and Co., (e) Mark A being the copy of statement of account of Plaintiff company being maintained in PNB, Kingway Camp, Delhi for the period 01.10.2020-31.10.2020, (f) Ex PW-1/5 being the voucher dated 14.10.2020, (g) Ex PW-1/6 being the demand promissory note dated 14.10.2020, (h) Ex PW-1/7 (Colly) being the original 11 cheques, (i) Ex PW-1/8 being the copy of statement of account of the Defendants maintained by the Plaintiff from 01.04.2020 to 14.05.2023, (j) Ex PW-1/9 being the copy of legal notice dated 13.04.2023, (k) Ex PW-1/10 (Colly) being the postal receipts dated 15.04.2023, (l) Ex PW-1/11 (Colly) being the speed post tracking reports downloaded from internet & (m) Ex PW-1/12 being the certificate u/S 65B, IEA. PW-2 Shri Ashwani Verma was also examined as a summoned witness and proved the documents i.e. statement of account bearing no. 02801010005040 of M/S Hazoor Sahib Housing and Finance India Limited for the period 01.10.2020 to 31.12.2020 (Ex. PW-2/1) which shows that an amount of Rs. 3,60,000/- was credited in the account of Dua & Co. via RTGS No. OW/ORBCH20288085977/DUA AND CO.
CS SCJ NO. 530/2023 Hazoor Sahib Housing & Fiance India Ltd. Vs. Ajit Singh Dua & Anr. Page 8 of 1014. The testimony of PW-1/Shri Pardeep Arora (Director/AR of the plaintiff company) remained unconverted, unchallenged and duly corroborated by relevant documents, hence, there is no reason to disbelieve the said testimony. The present suit has been filed within the period of limitation. In cases or in suits where defendant does not file a written statement or does not appear or wish to contest the case, the plaintiff as well as the court proceeds on the basis that there was no real opposition to put forth. Hence, the plaintiff is required only to prove a prima facie case, which in my considered view has been successfully done by the plaintiff in this case. It has been proved by the plaintiff that the defendants have failed to pay outstanding/dues of Rs. 2,09,000/-, therefore, this Court is of the considered view that the plaintiff company is entitled to recover Rs. 2,62,086/- from the defendants being the principal amount of balance loan as well as interest thereon @ 24% p.a. on account of delayed payment from December 2021 till May 2023. Further, since defendant no. 2 stood as guarantor of Defendant no 1, both the Defendants are jointly and severally liable to pay the amount due.
Relief:
15. The plaintiff has claimed interest @ 24 % p.a. on the principal amount i.e. Rs. 2,09,000/-. This Court is of the considered view that if interest @ 9% p.a. is granted to the plaintiff, it would meet the ends of the justice. Therefore, interest is granted to the plaintiff @ 9% p.a. on the principal amount i.e. Rs. 2,09,000/- from the date of the filing of CS SCJ NO. 530/2023 Hazoor Sahib Housing & Fiance India Ltd. Vs. Ajit Singh Dua & Anr. Page 9 of 10 the suit till the same is recovered.
16. In the light of the above discussion and reasons therein, the suit of the plaintiff is decreed for a sum of Rs. 2,62,086/- along with interest @ 9% p.a. on the principal amount i.e. Rs. 2,09,000/- from the date of the filing of the suit till its realization.
17. Costs of the suit are also decreed in the favour of the plaintiff and against the defendant.
18. Decree sheet be prepared accordingly.
19. File be consigned to the record room after necessary compliance.
Digitally
signed by
RENU
Announced in the open RENU Date:
2026.01.22
16:52:29
Court on 22.01.2026 +0530
(RENU)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/22.01.2026
CS SCJ NO. 530/2023 Hazoor Sahib Housing & Fiance India Ltd. Vs. Ajit Singh Dua & Anr. Page 10 of 10