Order 1

Order Details: COPY OF ORDER
Pdf Text: CS DJ 1059/24
SANDEEP Vs. NITHIN KUMAR N B
30.11.2024
Fresh suit under Order 37 CPC received by way of assignment. It
be checked and registered.
Present: Ld. counsel for the plaintiff.
Heard. Record perused.
It appears that this is a case of loan recover which
was paid by plaintiff to defendant no.1. Apparently, one cheque
was issued for part payment of the loan liability but the same was
not honored by the bank. Since the plaintiff is seeking recovery
of entire loan amount which is more than the cheque amount, a
case under Order 37 cannot be based on the said cheque due to
difference of amount.
However the loan transaction itself is done through
banking channel and therefore a recovery thereof can be made
under Order 37 CPC. Ld. Counsel for plaintiff submits that she
does not want to press the suit against defendant no.2. As such,
defendant no. 2 is deleted by virtue of order 1 Rule 10 CPC. The
plaintiff shall file appropriate amended memo of parties.
Issue summons in prescribed format under Order 37
CPC against the defendant on filing of PF/RC/courier on taking
advance steps for 20.03.2025.
(Rakesh Kumar Singh)
DJ-02/(N-W), Rohini Courts
Delhi/30.11.2024
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