D D R PROPERTY DEVELOPERS AND BUILDERS PRIVATE LIMITED Vs. DEEPTI INTEGRATED LOGISTIC PRIVATE LIMITED

JUDGEMENT

(1.) This appeal has been preferred by the appellants against allowing of application in Appln.No.1472 of 2017 in C.S.No.609 of 2010 dated 06.07.2018, filed by the respondent herein, for amending the cause title in the suit filed by the plaintiff, pursuant to the amalgamation order passed by the Andhra Pradesh High Court in Company Application No.1466, 1467 and 1468 of 2010 dated 24.12.2010, whereby the nomenclature of the respondent/plaintiff has been changed from "Deepti Integrated Logistics Private Limited" to "Emgee Infrastructure Holdings (India) Pvt.Ltd.,"

(2.) It is seen from the records that originally the suit was filed by the respondent for recovery of a sum of Rs. 5,01,00,000/- against the appellants, being the amount due from the appellants in land transactions, as the appellants promised to procure lands to the respondent and obtained a sum of Rs. 5,50,00,000/-. However, the matter was prolonged. Thereafter, a Memorandum Of Understanding was entered between the plaintiff and the defendants viz., the appellants and the respondent herein, by which the amount received by the appellants to the tune of Rs. 5,50,00,000/- was agreed to be returned by the appellants and three cheques were issued for a sum of Rs. 1,50,00,000/-, Rs. 3,00,00,000/- and Rs. 1,00,00,000/-.

(3.) The first cheque for Rs. 1,50,00,000/- was honoured and thereafter, the balance two cheques of the appellants for a sum of Rs. 3,00,00,000/- and Rs. 1,00,00,000/- were returned, compelling the respondents to file this Suit as well as proceedings under section 138 of the Negotiable Instruments Act on a complaint before the Central Crime Branch, Chennai.