SCOPE COMMODEAL PRIVATE LIMITED Vs. KRISHNAKANT BALKISHAN LADDHA

JUDGEMENT

(1.) GA 993 of 2012 connected with CS 282 of 2011 The cause of action of the plaintiff in this suit is recovery of moneys lent and advanced by them to the defendants.

(2.) Between 2nd July, 2007 and 3rd April, 2008 a total sum of Rs. 70 lakhs was lent and advanced. The money was credited into the joint accounts of the defendants.

(3.) Admittedly, there was no agreement between the parties for payment of interest. The defendant sought to make part payment of the said loan by a cheque dated 30th November, 2008 for Rs. 20 lakhs and two cheques for Rs. 20 lakhs each of the same date. All these cheques were dishonoured. The reason assigned by the bank was insufficiency of funds. Then again in September, 2009 the defendants tried to make part payment of the above debt by two cheques for Rs. 20 lacs and Rs. 10 lacs respectively, which were also dishonoured in the same manner.