DATT ENTERPRISES LTD Vs. V K DUA

JUDGEMENT

(1.) PRESENT order disposes of the application filed by the defendants seeking leave to defend. Needless to state, suit filed by the plaintiff seeks a summary judgment under Order 37 CPC.

(2.) IN brief, plaintiff claims that defendant no. 2 was carrying on the business of sale and purchase of shares as the Sole Proprietor of defendant No. 1 and was a member of Delhi Stock Exchange. On accounts being settled, evidenced by writing of letter dated 7. 2. 1997, a sum of Rs. 31. 1 lacs was acknowledged by the defendants as payable to the plaintiff. In satisfaction of the amount due and acknowledged, defendants issued 5 cheques as under : <FRM>JUDGEMENT_216_ILRDLH14_2005Html1.htm</FRM>

(3.) ACKNOWLEDGMENT relied upon reads as under : <FRM>JUDGEMENT_216_ILRDLH14_2005Html2.htm</FRM>