Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 13 CS SCJ 1785/25 RAJVIR SINGH Vs. RS GAUTAM
30.05.2026
Present: Sh. Shrey Tawar, Ld. counsel for the plaintiff.
Defendant in person.
Matter is listed for arguments on maintainability.
As per the plaint, the case of the plaintiff is that the
plaintiff, defendant and father of Sh. Vipin are partners in a
partnership firm by the name M/S Aamrapali Ceramics. The existence
of the partnership firm is not disputed by any party.
It is the case of the plaintiff that he had advanced a
friendly loan of Rs. 2,93,500/- to the defendant through cheque with
an arrangement that the same shall be returned back in the account of
the aforesaid partnership firm by the defendant. As per the plaintiff,
the amount is to be returned back strictly in the account of the
partnership firm by way of credit by the end of November 2023.
However, the same has not been returned by the defendant.
At this stage, it is relevant to mention that the present
suit has been filed by the plaintiff in his personal capacity and not by
the firm through the plaintiff as one of its partner.
Upon query, Ld. counsel for the plaintiff submits that
since the loan was advanced by the plaintiff, the amount shall be
returned back to the plaintiff.
Submissions heard. Record perused.
Put up for clarification, if any/order on maintainability of
the present suit on 08.07.2026.
Milan Goel
CJ-08 (Central)
30.05.2026/Delhi
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