SANJEEV SHARMA Vs. AVINASH RASTOGI

JUDGEMENT

(1.) This suit has been filed under Order 37 CPC against the defendant for recovery of Rs.3,30,00,000/- based on an agreement/letter dated 06.07.2013 and dishonoured post dated cheques.

(2.) It is the contention of the plaintiff as stated in the plaint that a company, namely, Baxter India (P) Ltd. (BIPL) approached it to offer distributorship for the sale of Haemodialysis Machines and Haemodialysis Consumables in North India. The defendant is said to have placed various purchase orders for a total sum of Rs.5,74,31,168/- in the year 2012-13. After adjusting payment received, it is stated that the defendant was liable to pay a sum of Rs.3,30,00,000/-. The defendant is said to have acknowledged this liability by a written agreement/letter dated 06.07.2013. The defendant also issued four post dated cheques for Rs.82,50,000/- each and assured encashment on presentation. As security, the defendant has also kept the original title document of the property at Cycle Market, Jhandenwalan Extension, New Delhi-110055 in a locker in the Bank of Maharashtra under joint operation of the plaintiff and the defendant. It is pleaded that the cheques of the defendant when presented were dishonoured and no payment has been received.

(3.) The defendant filed his application for leave to defend. On 17.07.2017 this court granted conditional leave to defend to the defendant on depositing Rs.1,43,00,000/- with the Registrar General of this court within four weeks from the said date.