Final Order 12

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. SIDHARTH MATHUR
DISTRICT JUDGE (NORTH-01): ROHINI COURTS: DELHI
CNR:DLNT010075632023
CS DJ No. 488/2023
M/S AVM Traders
through its Partner
Gaurav Anand
S/o late Sh. Ashok Anand
R/o H. No. 272, Kalyan Vihar,
Dr. Mukherjee Nagar Delhi – 110009.
Having Office at G/F S. No. 1696/7,
Bhagirath Palace Mohan Building,
New Delhi – 110006.
…. Plaintiff
Versus
Parveen Garg
S/o Sh. Prayag Raj
R/o F-5/119 Swami Shardhanand Park,
near Bhalswa Dairy, Delhi – 110042.
Also at:
Property No. 123,
Out of Khasra No. 53,
Situated in the area of Village Bhalswa,
Jahangir Pur, Delhi, now Abadi known as
Swami Shardhanand Colony, Block A,
Bhalswa Diary, near Sani Bazar Road, Delhi – 110042.
….Defendant
Date of Institution : 18.07.2023
Date of arguments : 27.04.2026
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Date of order
: 27.04.2026
SUIT FOR RECOVERY OF RS. 86,43,600/- ALONGWITH IN-
TEREST
JUDGMENT
1. The plaintiff is a partnership firm whereby PW-1
Gaurav Anand is one of the partners. The defendant was
known to this Gaurav Anand and out of their friendly
terms, the defendant sought a friendly loan from the plain-
tiff in May 2022. The plaintiff accordingly gave him a
friendly loan of Rs. 82,82,000/- vide banking channels as
per Bank Statement Ex.PW1/B between 23.06.2022 to
27.01.2023. A few payments were made by the defendant
towards its return. The balance remained Rs. 82,32,000/-.
Its repayment was avoided. On the insistence of the plain-
tiff, the defendant issued the cheque Ex.PW1/C for the bal-
ance amount. Like it was expected, the same was dishon-
oured on 10.04.2023 vide return memo Ex.PW1/D for in-
sufficient funds. The defendant did not return the balance
and hence, the present suit has been filed for Rs.
86,43,600/- inclusive of principal amount of Rs.
82,32,000/- and pre-suit interest @ 12% per annum of Rs.
4,11,600/-. The counsel for the plaintiff dropped his claim
for the pre-suit interest amount of Rs. 4,11,600/- on
27.04.2026. Hence, the suit is now to be decided only with
regard to the liability of the defendant qua the principal
amount of Rs. 82,32,000/-.
2. The defendant was served on 31.07.2023 with the
summons. His defence was struck off on 23.11.2023. He
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applied for the recalling of this order. It was recalled on
28.03.2024. The WS was then taken on record on
07.09.2024. The defendant denied his liability by saying
that the parties had business dealings whereby certain or-
ders were placed by the plaintiff and the payments in ques-
tion were infact the advance payment to the defendant for
the said orders. The impugned cheque was termed as a se-
curity cheque. Remaining contentions of the plaintiff were
simply denied.
3. The plaintiff filed the replication thereby reiterating his
plaint.
4. On the basis of the pleading of the parties, the following is-
sues were framed on 13.02.2025:
i) Whether the plaintiff is entitled to a decree for a sum
of Rs. 86,43,600/- as prayed for? OPP.
ii) Relief.
5. The plaintiff examined himself as PW-1 vide affi-
davit Ex.PW1/1 whereby he reiterated the contents of his
plaint. The defendant by this time had stopped appearing
and was proceeded ex-parte. He remained so till date. The
PE was closed on 27.04.2026. It is noted that the plaintiff
was not cross examined.
ISSUE NO. 1
6. The unrebutted testimony of the plaintiff shows that
the plaintiff had given a friendly loan via his bank account
to the defendant and in pursuance thereof, the defendant
had issued the cheque Ex.PW1/C, which was dishonoured
for insufficient funds on its presentation, as per return
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memo Ex.PW1/D. The unrebutted testimony proves that
the defendant is under a liability to pay Rs. 82,32,000/-.
7. The plaintiff has already given up a claim for pre-
suit interset @ 12% for a sum of Rs. 4,11,600/-. So the
claim of the plaintiff for this pre-suit interest stands re-
jected. However, since the defendant had not paid the
cheque amount till date, the plaintiff is certainly entitled for
pendente lite and future interest on the due principal
amount @ Rs. 82,32,000/-. The plaintiff is accordingly
granted pendente lite and future interest @ 6% per annum
on the aforesaid principal amount.
RELIEF
8. In view of the reasons assigned hereinabove, the suit
of the plaintiff is hereby decreed whereby a decree for the
recovery of Rs. 82,32,000/- alongwith pendente lite and fu-
ture interest @ 6% per annum is passed in favour of the
plaintiff and against defendant. The plaintiff shall also be
entitled for the costs of the suit against the defendant.
Decree sheet be prepared accordingly.
File be consigned to record room after necessary compli-
ance.
Announced in the Open Court
on 27th day of April 2026
(Sidharth Mathur)
District Judge-01/North
Rohini Courts/Delhi
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