ASLAM SHAIKH Vs. DINESH SHISHUPAL PUNIA

JUDGEMENT

(1.) The present Summary Suit seeks recovery of an amount of Rs.4,00,00,000.00 alongwith interest at the rate of 9% per annum based upon a Settlement Agreement dtd. 21/9/2021 ( "the said Agreement ").

(2.) It is the Plaintiffs ' case that they (husband and wife) had lent and advanced monies to the Defendant and the Defendant 's wife (one Manisha Punia) over a period of time commencing from the year 2016. The Plaint sets out that the Plaintiffs and the Defendant and his wife resided in the same building and were on friendly terms. The Defendant and his wife were in dire need of funds and had thus approached the Plaintiffs for financial help. It was pursuant to this that the Plaintiffs lent and advanced the following amounts to the Defendant and the Defendant 's wife (Manisha Punia), viz.

(3.) The Plaint sets out that thereafter various Bills of Exchange were issued by the Defendant initially totaling to an amount of Rs.6,85,00,000.00 which was then subsequently reduced to Rs.6,50,00,000.00 after a payment of Rs.35,00,000.00 was made by the Defendant 's wife (Manisha Punia) which was adjusted against the total principal amount of Rs.6,85,00,000.00. Thereafter the following three post dated cheques were issued to the Plaintiffs viz.,