NAVJOT SINGH Vs. ALEXANDER DAS

JUDGEMENT

(1.) This appeal, under Sec. 96 of the Code of Civil Procedure, 1908 ["the CPC"], has been filed by the appellant [defendant before the learned Trial Court], against a judgment and decree dtd. 11/4/2022 in CS DJ 1109/2018 ["impugned judgment"]. By the impugned judgment, the learned Trial Court has decreed a suit filed by the respondent herein, under Order XXXVII of the CPC, upon the appellant's failure to comply with the conditions upon which leave to defend was granted.

(2.) The respondent filed the suit before the learned Additional District Judge-01, (South East) District, Saket Courts, New Delhi on 17/7/2018 for recovery of a sum of Rs.6,00,000.00, with pendente lite and future interest at the rate of 18% p.a. from the date of filing of the suit till realization and costs [Re: Amendment of plaint.].

(3.) The cause of action asserted in the suit was that the appellant had approached the respondent for a loan, and the respondent had lent and advanced a sum of Rs.6,00,000.00 to the appellant in March 2017. The loan was to be repaid within 9 months. The appellant issued a post-dated cheque (cheque No. 444859) dtd. 8/12/2017, drawn on Punjab National Bank, Branch-Alaknanda, Kalkaji, New Delhi for the sum of Rs.6,00,000.00 to the respondent, with the assurance that it would be honored upon presentation. However, the cheque was dishonored on 14/12/2017 due to insufficiency of funds. Despite further assurances, the appellant did not clear the loan, as a result of which the respondent issued a legal notice dtd. 10/6/2018. The appellant having failed to pay the amount demanded, the respondent instituted the suit.