Delhi District Court
West vs Briefly Stated on 21 May, 2019
IN THE COURT OF SH. PRANAV JOSHI, Ld. CIVIL JUDGE-05
WEST, TIS HAZARI COURT, DELHI
CS No. 54/2019.
Daya Chand
S/o Sh. Devi Ram
R/o -D/256, Extn. II,
Gali No. 13, Nangloi,
Delhi- 110 041.
Vs.
Sh. Bir Singh
R/o H. No. T-5A Budh Vihar,
Phase- I, Gurudware Ke Pass,
New Delhi - 110 086.
21.05.2019
JUDGMENT
Present: None.
This is a suit u/o XXXVII CPC for recovery of an amount of Rs. 2,10,000/- along with pendent-elite interest @ 18 % p.a. filed by the plaintiff.
Briefly stated, upon the request of defendant, plaintiff had advanced a friendly loan of Rs. 2,10,000/- to him on 01.11.2016 for a period of two months. That the plaintiff after expiry of two months approached the defendant to repayment of loan and the defendant in discharge of his liability issue a cheque no. 125422 dated 11.01.2017 drawn on Oriental Bank of Commerce, Plot No. 5, Garg Plaza, Community Centre, Sector-I, Rohini, Delhi. That defendant had assured the plaintiff that the cheque will be honored on presentation. That however, the said cheque got dishonored on its presentation with the endorsement 'Funds Insufficient' vide cheque return memo dated 17.01.2017. That the plaintiff apprised the defendant about the dishonor of the cheque and the defendant requested the plaintiff for extension of two months for making the payment. That after two months, the plaintiff again demanded the money from the defendant but the defendant again requested to the plaintiff to give him one more month. That after the period of three months, the cheque became outdated and when the plaintiff again presented the cheque, the cheque was returned with the reasons "instrument outdated/stale". That the plaintiff sent a legal demand notice dated 05.05.2017 to the defendant but the same failed to produce the desired effect. Hence, the present suit for recovery of Rs 2,10,000/- has been filed by the plaintiff.
PTO -2- Upon service of summons, the defendant entered appearance. Thereafter, summons for judgment were served on the defendant on 17.03.2019. However, the defendant did not file application for leave to defend within the prescribed period. Thereafter, the defendant on 03.04.2019, has filed application for condonation of delay in seeking leave to defend. Vide order dated 21.05.2019, the application filed by the defendant for condonation in filing leave to defend was dismissed. Since, the defendant has failed to seek leave to defend, therefore, suit of the plaintiff is liable to be decreed.
The plaintiff has filed original cheque of Rs. 2,10,000/- bearing no. 125422 dated 11.01.2017, original return memo dated 17.01.2017, original cheque return memo dated 02.05.2017 and legal notice dated 05.05.2017.
Accordingly, the suit of the plaintiff is decreed for a sum of Rs. 2,10,000/- along with interest @ 9% p. a. from the date of filing of the suit i. e. on 08.01.2019 till its realization. Costs of the suit is also awarded in favour of the plaintiff.
Decree sheet be prepared accordingly.
File be consigned to Record Room after due compliance. Digitally
signed by
PRANAV
PRANAV JOSHI
JOSHI Date:
2019.05.21
15:47:47
+0530
(Pranav Joshi)
Ld. Civil Judge05
West District
Tis Hazari Court
21.05.2019