Final Order 4

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF MS. RENU: CIVIL JUDGE : NORTH
DISTRICT, ROHINI COURTS : DELHI
CS SCJ/181/2025
CNR No. DLNT030002592025
In reference:
SANTOSH KUMAR GUPTA
S/o Sh. Shiv Balak Gupta
R/o B-8, Second Floor, Sarai Pipal Thala Extension,
Adarsh Nagar, Delhi-110033 ………..Plaintiff
VERSUS
DHARMPAL
S/o Sh. Jai Bhagwan
R/o House No. A-60,
Mulchand Colony, near Mahajan Hospital,
Adarsh Nagar, Delhi-110033. .....……Defendant
Date of Institution : 17.02.2025
Date of reservation of Judgment : 13.11.2025
Date of Judgment : 13.12.2025
J U D G M E N T
1. The present suit has been filed under Order XXXVII CPC by the
plaintiff against the defendants for recovery of Rs.2,00,000/- alongwith
CS SCJ 181/2025
Santosh Kumar Gupta Vs. Dharmpal
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pendentelite and future interest.
2. The case of the plaintiff as per plaint in brief are that defendant is a
friend of plaintiff. In the month of January, 2021, the defendant
approached the plaintiff for seeking short term loan of Rs. 2,00,000/-
as defendant was in dire need of money. At that time, defendant
assured the plaintiff that he will repay the said loan amount upto
January, 2022 to plaintiff. Thereafter, plaintiff had given Rs. 2,00,000/-
in cash to defendant in January, 2021. It is further stated that after
expiry of one year when plaintiff requested the defendant to repay the
aforesaid loan mount, defendant in discharge of his legal liability
towards the plaintiff, has issued postdated cheque bearing no. 829943
dated 16.02.2022, drawn on Ujjivan Small Finance Bank, Adarsh
Nagar for Rs. 2,00,000/- in favour of plaintiff. It is further stated that
when the plaintiff presented the aforesaid cheque for encashment
before his banker, the same was returned dishonored by the banker
with the remark ‘Fund Insufficient’ vide memo dated 18.02.2022. It is
further stated that the plaintiff duly informed about the dishonor of the
aforesaid cheque and requested him to make the payment of aforesaid
cheque amount but defendant did not make the payment to plaintiff.
Thereafter, plaintiff sent a legal notice dated 08.03.2022 through his
advocate to the defendant through speed post by calling upon the
defendant to pay the aforesaid cheque amount to plaintiff within 15
days from the date of receipt of notice. The notice was duly served
upon the defendant on 10.03.2022 but despite service of notice, the
CS SCJ 181/2025
Santosh Kumar Gupta Vs. Dharmpal
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defendant has not complied with the notice and not made the payment
of the cheque amount to plaintiff. Hence, the present suit.
3. A perusal of the record reveals summons under Order XXXVII was
served upon defendant on 02.06.2025. However, till date, the
defendant have failed to file any application to enter appearance. The
statutory period for entering appearance is 10 days as provided by
Order XXXVII Rule 3(1) CPC. Order XXXVII CPC Rule 2(3)
provides that the defendant shall not defend the suit referred in sub
Rule 1 unless he enters an appearance and in default on entering in
appearance, the allegations in the plaint shall be deemed to be
admitted and plaintiff shall be entitled to a decree of any sum not
exceeding the sum mentioned in the summons together with interest @
specified, if any, up to the date of the decree and such sum or costs as
may be determined under rules made by the Hon'ble High Court of
Delhi.
4. The present suit is based upon cheque bearing no. 829943 dated
16.02.2022 for Rs. 2,00,000/-. The suit has been filed within the
limitation period of 3 years. Since the defendant has failed to enter
appearance as per law, even after prescribed time-period, accordingly,
this suit under Order XXXVII CPC is decreed in the favour of the
plaintiff and against the defendant for a sum of Rs. 2,00,000/-. The
interest claimed @ 12% per annum appears to be on a higher side. In
the opinion of court, the interest @ 6% per annum would suffice to
CS SCJ 181/2025
Santosh Kumar Gupta Vs. Dharmpal
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meet the end of justice, therefore, interest @ 6% per annum is granted
on the principal amount of Rs. 2,00,000/- from the date of filing of the
suit till its realization.
5. In the light of the above discussion and reasons therein, the present
suit under Order XXXVII CPC is decreed in the favour of the plaintiff
and against the defendant for a sum of Rs. 2,00,000/- along with
interest 6% p.a. from the date of the filing of the suit till its realization.
6. Plaintiff is directed to deposit Court fee on the amount of interest
awarded on principal amount from filing of the suit till today.
7. Costs of the suit are also decreed in the favour of the plaintiff and
against the defendant.
8. Decree sheet be prepared after receiving deficient Court fee.
9. File be consigned to the record room after necessary compliance.
Announced in the open
Court on 13.12.2025
(RENU)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/13.12.2025
CS SCJ 181/2025
Santosh Kumar Gupta Vs. Dharmpal
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