ANIL THAKKAR AND OTHERS Vs. SHALU KAPOOR

JUDGEMENT

(1.) By this Execution First Appeal, the appellants/objectors impugn the judgment of the executing court dated 9.6.2016, by which the executing court has dismissed the objections filed and held that the cheque given by the appellant no.1, and who is the father of the defendant no.1/judgment-debtor no.1, is liable for encashment of cheque given by him towards satisfaction of the judgment and decree dated 2.12.2009.

(2.) The facts of the case are that the respondent/plaintiff filed a suit under Order 37 CPC for recovery of Rs. 18 lacs along with interest. The suit was filed on the basis of cheque which was issued by the two defendants in the suit. The first defendant in the suit was Sh. Jatin Thakkar who is the son of the appellant no.1/Sh. Anil Thakkar, and the second defendant in the suit was Smt. Falguni Thakkar wife of the defendant no.1/Sh. Jatin Thakkar.

(3.) Order 37 CPC suit was decreed on account of non-appearance within time of the defendants in the suit, and therefore, the suit was decreed for a sum of Rs. 18 lacs along with interest at 8% per annum pendente lite and till realization.