Delhi District Court
Sumit Batra vs Suresh on 8 October, 2025
IN THE COURT OF SH. YASHU KHURANA, CIVIL
JUDGE-01, SOUTH EAST DISTRICT, SAKET COURTS,
NEW DELHI
Presided By: Sh. Yashu Khurana, DJS
CS SCJ 654/25
CNR no. DLSE030010992025
SH. SUMIT BATRA
Proprietor
M/s Nextgen Enterprises
Shop no.2 & 15, Central Market, DDA Flats,
Kalkaji, New Delhi- 110019.
.....Plaintiff
Vs.
SHRI SURESH
S/o Shri Babu Lal,
R/o 1439, Type-II, Sector-3, Pushp Vihar,
M B Road, New Delhi- 110017.
Also at:-
Shri Suresh (ID card no. 2229091977)
Emp. Code No.2229
Designation: Chamber Attendant (T)
C/o Hon'ble Chief Justice of India,
Supreme Court of Indian,
Tilak Marg, New Delhi- 110001.
..........Defendant
Date of institution of Suit : 05.06.2025
Date on which Judgment was reserved : 10.09.2025
Date of pronouncement of the Judgment : 08.10.2025
JUDGMENT UNDER ORDER 37 CPC Digitally
signed by
yashu
yashu khurana
khurana Date:
2025.10.08
12:35:37
+0530
CS SCJ/654/2025 SUMIT BATRA Vs. SURESH Page no. 1 of 4
1.Plaintiff has filed the present suit seeking recovery of Rs.2,71,000/-, along with future interest @18% till realization of the amount.
Brief Fact:-
2. Briefly stated that, plaintiff is sole proprietor of M/s Nextgen Enterprises. On 10.02.2025, plaintiff sold to the defendant Refurbished Canon IR Advanced 8095 Digital Multifunction Phtocopier, Printer and Scanner (Rest to Zero) for Rs3,00,000/-. Defendant had paid Rs. 29,000/- in cash and had issued a cheque bearing no. 462498 dated 11.02.2025 for Rs.
2,71,000/- drawn on Account no. 40734342975. However, the same was returned unpaid with the endorsement "Exceeds Arrangements", vide cheque return memo dated 12.12.2025. Hence, the present suit under Order 37 CPC has been filed.
3. Summons of the suit under Order 37 CPC were issued upon the defendant on 09.07.2025. Defendant was duly served through ordinary mode on 18.07.2025 and 25.07.2025 and through e-mail on 21.07.2025. However, despite service of summons, defendant failed to enter his appearance as prescribed under Order 37 Rule 3 (1) CPC.
4. Since defendant failed to enter appearance within the stipulated period of time prescribed under Order 37 Rule 3 CPC, therefore, the pleadings of the plaintiff are deemed to be admitted and the claim of the plaintiff as set up in the plaint is yashu CS SCJ/654/2025 SUMIT BATRA Vs. SURESH Page no. 2 of 4 khurana Digitally signed by yashu khurana Date: 2025.10.08 12:35:45 +0530 also deemed to have been admitted in terms of Order 37 Rule 3(6)(a) CPC and plaintiff is entitled to judgment forthwith.
5. The suit of the plaintiff is based upon certified copy of cheque bearing no. 462498 dated 11.02.2025 for Rs. 2,71,000/-. The plaintiff has also filed the certified copy of return memos dated 12.02.2025 to establish dishonour of the abovesaid cheque, primarily for "Exceeds Arrangements". He has also filed copy of legal notice dated 20.02.2025, along with copy of postal receipt and tracking report. Thus, the suit of the plaintiff is for recovery of amount of Rs.2,71,000/-, based on a negotiable instrument, which falls within the purview of Order 37 CPC.
6. The present suit was filed on 05.06.2025 i.e. within the period of 03 years from the date of dishonour of cheque i.e. cheque bearing no. 462498 dated 11.02.2025 for Rs. 2,71,000/- Therefore, the present suit has been filed within the prescribed period of limitation.
7. The suit has been filed within the jurisdiction of this Court as the cheque was dishonoured at plaintiff's bank account located at Kalkaji, New Delhi, which falls within the jurisdiction of this Court.
8. The plaintiff is, thus, entitled to recover the amount due and payable on the basis of above mentioned cheque bearing no.
Digitally signed462498 dated 11.02.2025 for Rs. 2,71,000/-.
by yashu yashu khurana khurana Date:
2025.10.08 12:35:50 +0530 CS SCJ/654/2025 SUMIT BATRA Vs. SURESH Page no. 3 of 4
9. The plaintiff has also sought pendente-lite and future interest @ 18% per annum. However, the same is unjust and exorbitant. In the interest of justice, the plaintiff is awarded pendente-lite and future interest @ 6 % per annum, from the date of the institution of the present suit, till realization of the amount.
Relief:-
10. Thus, as a net result of the aforesaid, this suit is decreed in favour of the plaintiff and against the defendant. It is held that the plaintiff is entitled to recover from the defendant, cheque amount of Rs.2,71,000/-, along with pendente-lite and future interest at the rate of 6% per annum, from the date of institution till realization of the amount. No order as to costs.
11. Decree sheet be prepared accordingly. Original documents, if any, be returned to the rightful claimant against due acknowledgment after receipt of their certified copies on record.
12. File be consigned to Record-Room after due compliance.
Digitally signedPronounced in the open yashu
by yashu
khurana
khurana Date:
Court on 08.10.2025 2025.10.08
12:35:55 +0530
(Yashu Khurana)
Civil Judge-01, South-East,
Saket Courts, New Delhi
CS SCJ/654/2025 SUMIT BATRA Vs. SURESH Page no. 4 of 4