Shradha Wassan v. Kamal Arora & Anr

RAJIV SAHAI ENDLAW, J.

AUGUST 16, 2017 "M" /pp/gsr.. (Corrected & released on 6th December, 2017)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 16th August, 2017 + C.R.P. No.79/2016 SHRADHA WASSAN .... Petitioner Through: Mr. Vinod Tyagi, Adv. Versus KAMAL ARORA & ANR. .... Respondents Through: Mr. Prashant Katara and Mr. Neeraj Dubey, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This Revision Petition under Section 115 of the CPC impugns the order [dated 22nd March, 2016 in Suit No. 119/2016, Unique ID No.02406C0019832016 of the Court of Additional District Judge-04, South-East, Saket Courts, New Delhi] granting unconditional leave to the respondents/defendants to defend the suit filed by the petitioner/plaintiff under Order 37 of the CPC for recovery of Rs.24,42,411/- jointly and severally from the two respondents / defendants. 2. The petition was entertained and notice thereof ordered to be issued. 3. The counsels have been heard on 11th August, 2017 and today. 4. The petitioner/plaintiff instituted the suit, from which this petition arises, pleading (i) that the respondent/defendant No.1 Mrs. Kamal Arora had friendly relations with Mrs. Sharda Kapoor, mother of the plaintiff; (ii) respondent/defendant No.2 Mr. Narender Kumar Arora is the son of the respondent/defendant No.1; (iii) that the respondent/defendant no.2, vide cheque dated 20th July, 2010 of the petitioner/plaintiff in favour of respondent/defendant No.1, had borrowed a sum of Rs.15 lacs for purchase a portion of property No. S-201, Greater Kailash-II, New Delhi; (iv) that the said cheque was debited to the account of the petitioner/plaintiff on 20th July, 2010 itself; (v) that the respondents/defendants on 20th July, 2010 itself acknowledged receipt of Rs.15 lacs as "interest free loan" for a period of one month and in repayment thereof issued cheque dated 20th August, 2010 for Rs.15 lacs in favour of the petitioner/plaintiff; (vi) that the respondents /defendants on 20th August, 2010 informed the petitioner/plaintiff that they did not have sufficient funds in their account and asked the petitioner / plaintiff not to present the said cheque for encashment and agreed to pay interest on the amount aforesaid at the rate of 12% per annum thereon; (vii) that the respondents/defendants issued another cheque dated 19th March, 2011 in favour of the petitioner/plaintiff for the sum of Rs.15 lacs, further acknowledging their liability in writing; however the said cheque also was not presented on the request of respondents/defendants; (viii) another cheque dated 19th November, 2011 was issued by the respondents/defendants in favour of the plaintiff but which was also not presented on the request of the respondents/defendants; (ix) the respondents/defendants issued yet another cheque No. 358562 in favour of the petitioner/plaintiff for Rs.15 lacs in acknowledgement of their liability; however the said cheque when presented, was returned on 6th February, 2012 for the reason of insufficiency of funds in the account of the respondents/defendants; (x) on protest by the petitioner/plaintiff, the respondent/defendant No.2 issued yet another cheque dated 19th August, 2012 for Rs.15 lacs in favour of the plaintiff/petitioner but which again was not presented on the request of the respondents/ defendants; (xi) that finally the respondents/defendants issued two cheques, both dated 15th December, 2013 in favour of the petitioner/plaintiff for Rs.10 lacs and Rs.5 lacs; (xii) the said cheques were signed by the respondent/defendant No.2 and delivered to the petitioner/plaintiff by the respondent/defendant No.1; (xiii) while the cheque for Rs.10 lacs was returned unpaid with the endorsement "payment stopped by drawer", the cheque for Rs.5 lacs was returned unpaid for the reason of insufficiency of funds; hence the suit for recovery of principal amount of Rs.15 lacs and interest therein at 18% per annum from 20th July, 2010 till the date of institution of the suit, of Rs.9,42,411/-, i.e. for a total sum of Rs.24,42,411/-. 5. The respondents/defendants filed