GEETA JAIRATH Vs. AMIT KUKREJA AND ORS

JUDGEMENT

(1.) This is a suit for recovery of Rs. 24,92,000/- with pendente lite and future interest @ 18% per annum.

(2.) As per the case of the Plaintiff, Defendant no. 1 had approached the Plaintiff along with his brother (Defendant no. 2) and mother (Defendant no. 3) to seek some assistance for matrimonial alliance of Defendant no. 1. The Plaintiff was running a social consultancy for matrimonial alliances from her office at B-6, SF, Shivalik Enclave, New Delhi.

(3.) During the course of discussions, the Defendants became aware of the good financial position of the Plaintiff, therefore, the Defendants invited the Plaintiff to visit their office at Malviya Nagar. Defendants no. 1 and 2 also allured the Plaintiff to lend them some money as the Defendants were in the process of opening a restaurant chain by the name of 'ALMBROOK' and the first such restaurant was to be opened in Malviya Nagar. The Plaintiff granted them a loan of Rs. 13 lacs, details whereof have been mentioned in para 10 of the plaint. To secure the aforesaid amount, Defendant no. 1 issued a cheque dated 21.12.2011 for an amount of Rs. 13 lacs in the name of the Plaintiff with a request that the same be deposited and encashed, if Defendant no. 1 fails to make the repayment of loan within a period of six months. In May, 2012, the Plaintiff deposited the said cheque which was returned back unpaid with reason 'Funds Insufficient'.