Final Order 2

Order Details: COPY OF ORDER
Pdf Text: 1
CS No. 397/23
VIKAS Vs. DINESH KUMAR
CNR No. DLSH010033632023
13.12.2023
Present: Sh. H. K. Dhariwal and Sh. R. S. Rathi, ld. Counsels
for plaintiff.
None for Defendant.
Ld. counsel for plaintiff submits that the defendant
had approached the Plaintiff but thereafter, the defendant did not
contact the plaintiff for settlement. Ld. counsel submits that the
settlement talks have failed.
Be awaited for defendant.
(Mohammad Ehtesham)
ADJ03, Shahdara
KKD Courts, Delhi
13.12.2023.
At 1.00 PM
Present: Sh. H. K. Dhariwal and Sh. R. S. Rathi, ld. Counsels
for plaintiff.
None for Defendant.
Be awaited.
(Mohammad Ehtesham)
ADJ03, Shahdara
KKD Courts, Delhi
13.12.2023.
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At 3.30 PM
Present: Sh. H. K. Dhariwal and Sh. R. S. Rathi, ld. Counsels
for plaintiff.
None for Defendant.
No one has appeared for the Defendant since
morning despite repeated calls.
Perusal of file shows that defendant has already been
served on 27.09.2023. No appearance on behalf of defendant has
been filed till date. Time to file appearance has already been
lapsed.
Submissions of Ld. counsel for plaintiff heard.
Present suit has been filed by Plaintiff under Order
XXXVII CPC.
It is observed that Defendant has not entered
appearance within the prescribed period of limitation.
I have heard and considered the submissions of ld.
Counsel for plaintiff and perused the judicial record.
It is observed that suit of the plaintiff is covered
within the provision of Order XXXVII CPC. The suit has been
filed by Plaintiff on the basis of Pronote and Receipt, both dated
02.07.2021 and Cheque No. 182082 dated 11.07.2022 of
Rs.5,00,000/ drawn upon Central Bank of India. The said
Cheque was dishonoured on its presentation vide Return Memo
dated 14.07.2022.
Considering the facts and circumstances of the
present suit as also the fact that Defendant did not come up to
defend the matter, the suit of Planitiff deserves to be decreed.
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Thus, present suit stands decreed under Order 37 (6)
CPC for a sum of Rs.5,00,000/ (Rupess five lacs only) along
with interest @ 6% p.a. from the date of dishonorment of
Cheque till its realization with costs.
Decree sheet be prepared.
File be consinged to record room.
(Mohammad Ehtesham)
ADJ03, Shahdara
KKD Courts, Delhi
13.12.2023.
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