YUVRAJ MOTOR AND OTHERS Vs. VANDANA SOOD

JUDGEMENT

(1.) Defendants M/s Yuvraj Motor and its partners have filed the instant second appeal from order.

(2.) Respondent - plaintiff Vandana Sood filed suit against defendants/appellants alleging that the defendants borrowed Rs 3,60,000/-from the plaintiff as loan on interest @ 18% per annum and executed receipt for the same. Defendants continued to pay interest on the loan amount till 30.9.2002 and had been issuing certificates of income tax deducted at source (TDS) in Form No. 16-A. However, thereafter the defendants neither paid interest amount nor returned the principal loan amount inspite of demands. Accordingly, the plaintiff sought recovery of Rs 3,60,000/- as principal amount and Rs 1,08,000/- as interest thereon since 30.9.2002 till 31.5.2004 i.e. till before the filing of suit.

(3.) Defendants in the written statement pleaded that they have already returned the amount due against them and now nothing is due from them. Suit was also alleged to be time barred. Some other objections were also raised. It was denied that defendant no. 2 had approached the plaintiff for loan. On the other hand, the plaintiff approached the defendants to get her money financed in the market. The plaintiff was not entitled to interest at such high rate. TDS certificates are false documents. Various other pleas were also raised.