TISCON REALTY PRIVATE LIMITED Vs. C.G.EDIFICE

JUDGEMENT

(1.) The Plaintiff has filed the captioned Summary Suit seeking a decree against the Defendants for an amount of Rs.1,70,93,880.00 as more particularly set out in the particulars of claim annexed as Exhibit-6 to the Plaint. The Suit is based on the dishonour of 6 cheques, all dtd. 31/12/2019 (the said cheques) issued by the Defendants to the Plaintiff. The details of the said 6 cheques are as follows viz., <IMG>JUDGEMENT_113_LAWS(BOM)6_2023_1.jpg</IMG>

(2.) The facts in the present case lie within a very narrow compass. It is the Plaintiff's case that, in the year 2018, Defendant Nos.2 and 3 had approached the Plaintiff with a request for financial help for funding the Defendants' construction business. The Plaintiff considering the request of Defendant Nos.2 and 3, had extended financial assistance to Defendant No.1 to the tune of Rs.1,20,64,000.00. Subsequently, it is the Plaintiff's case that the Defendants had agreed to repay the amount advanced along with compensation as more particularly set out in the letter dtd. 10/10/2019. The said cheques were sent to the Plaintiff by the Defendants along with this letter.

(3.) However, when the said cheques were presented for clearance on 27/3/2020, they were all returned dishonored with the caption "Insufficient Funds". The Plaintiff thereafter vide their advocate's notice dtd. 9/7/2020, called upon the Defendants to make payment of the amounts mentioned in the said cheques. However, despite due receipt of the advocate's notice, the Defendants failed and neglected to either respond to the same or make payment in terms of the work in respect of which the said cheques were drawn.