ANIL KUMAR KAUSHIK Vs. RAJNISH

JUDGEMENT

(1.) By way of this appeal, under Sec. 96 of the Code of Civil Procedure, 1908 [hereinafter, 'CPC'], the appellant-defendant challenges a judgment and decree dtd. 9/10/2019, passed by the learned Trial Court in CS No. 297/2019, by which a suit filed by the respondent-plaintiff under Order XXXVII of the CPC was decreed in the sum of Rs.16.00 lakhs, with pendente lite interest and future interest @7% per annum and costs. The defendant also assails an order dtd. 11/7/2023, by which his application under Order XXXVII Rule 4 of the CPC [wrongly filed under Order IX Rule 13 of CPC] was dismissed.[1]

(2.) The cause of action asserted by the plaintiff in the plaint was that the defendant runs a financial committee, in the course of which he was required to return certain amounts to its members. He requested the plaintiff for financial assistance. Having had cordial relations for a substantial period of time, the plaintiff gave the defendant a loan of Rs.16.00 lakhs on 29/8/2014, against which the defendant issued a post-dated cheque of the same amount dtd. 25/2/2018. At the request of the defendant, the plaintiff advanced a further amount of Rs.1,50,000.00 to him in the month of January, 2016, which was returned on 30/7/2017. The cheque for Rs.16.00 lakhs was presented for encashment, but returned by the defendant's bankers vide memo dtd. 28/2/2018 for want of funds. The amount having remained unpaid, the plaintiff instituted the suit under Order XXXVII of the CPC on 4/6/2019 for recovery of the aforesaid sum of Rs.16.00 lakhs, alongwith pendente lite and future interest at the rate of 18% per annum.

(3.) By an order of the learned Trial Court dtd. 6/6/2019, summons in the form prescribed under Order XXXVII of the CPC were issued to the defendant at the address mentioned in the memo of parties, namely House No. 83, Gali No. 3, Puth Kalan Road, Near Kaushik Telecom Pehladpur Bangar Delhi-110042 [hereinafter, 'the Puth Kalan address']. Summons were received by the defendant's father, Mr. Chander Singh, on 11/7/2019.