SANJEEV JAIN Vs. RAJNI DHINGRA & ORS

JUDGEMENT

(1.) I.A. 16982/2018 (u/O XXXVII Rule 3(5) CPC)

(2.) It is the case of the Plaintiff that Mr. Virendra Dhingra started paying simple interest @ 12% per annum to the Plaintiff and towards the said interest, had made payments. Since the details of the payments, were not filed, on a query from the Court, counsel for the plaintiff has handed over a chart showing four payments towards interest, on 21st August, 2015, 14th October, 2015, 2nd January, 2016 and 31st March, 2016 in the following manner:

(3.) According to the Plaintiff, Mr. Dhingra had defaulted in the payment of interest and principal, despite repeated requests, the payments were not made. It is claimed that the Plaintiff then approached Mr. Dhingra and demanded the loan amount. Mr. Dhingra then issued a cheque for Rs.3 crores dated 26th December, 2017. Copy of the cheque has been placed on record. The cheque when presented was not honoured on three occasions as is evident from the bank memos dated 5th January, 2018, 18th January, 2018 and 27th February, 2018.