AMBEEK KHEMKA Vs. JASWANT SINGH & ANR

JUDGEMENT

(1.) Cm No. 28654/2018 (Exemption)

(2.) The facts of the case are that appellant/plaintiff pleaded that a loan was taken of Rs. 50 lakhs by the respondent nos. 1 & 2/ defendant nos. 1 & 2 and which was reflected in the Loan Agreement dated 5.8.2003. The loan amount of Rs. 50 lakhs along with the additional sum of Rs. 7 lakhs was to be paid by the respondents/defendants and for which purpose cheques signed by the respondent no. 2/defendant no. 2 were handed over by the respondent no. 1/defendant no. 1 to the appellant/plaintiff. The respondent no. 2/defendant no. 2 also has executed three Promissory Notes on 5.8.2003 in favour of the appellant/plaintiff for the amount of Rs. 35,00,000/-, Rs. 10,00,000/- and Rs. 5,00,000/-. The original Title Deeds of the property E-210, East of Kailash, New Delhi were pleaded to have been deposited as security with plaintiff,but on 24.2004 when the respondent no. 1/defendant no. 1 gave a cheque of Rs. 15.50 to the appellant/plaintiff, the original Title Deeds were taken back. On account of non-repayment of the loan, the appellant/plaintiff deposited the cheque of Rs. 57 lakhs on 7.5.2004, but the same was dishonoured with the remark "Account Closed". Accordingly, the subject suit was filed.

(3.) Respondent no.2/defendant no. 2 was served by affixation and publication in the suit but did not appear and he was therefore proceeded ex-parte vide order dated 30.4.2007.