HIMACHAL COOPERATIVE NON AGRICULTURE THRIFT AND CREDITS SOCIETY LIMITED Vs. RAJ KUMAR MITTAL AND ANOTHER

JUDGEMENT

(1.) This order will dispose of an application, cast under the provisions of Order 37 Rule 3 (5) of the Code of Civil Procedure, as, moved before this Court, by the defendants/applicants(hereinafter referred to as the "defendants"), wherethrough, they seek hence leave to defend the summary suit, instituted by the plaintiff/non-applicant (hereinafter referred to as the "plaintiff").

(2.) The plaintiff has instituted the instant suit, cast under the provisions of Order XXXVII, of the Code of Civil Procedure, seeking there-through, the, recovery of suit amount. An averment is embodied in the plaint, qua the plaintiff being a duly registered co-operative Society, registration whereof, is, entered at Sr. No. 687, in the apt records, maintained by the Registering Authority concerned. The plaint has been instituted by the duly authorized representative of the society. The suit has been drawn, on, anvil of cheque bearing No. 409422 of 6.9.2016, drawn on State Bank of India, Solan, embodying therein a sum of Rs. 45,50,000.00, cheque whereof, upon, its presentation before the Bank concerned, was refused to be honoured, on account of " Drawer sign not as per mandate". Photocopy of the Cheque is appended with the plaint as Annexure P-3. In sequel thereto, the apt statutory notice was served, upon, the defendants. Notice whereof, is, borne in Annexure P-5, and, upon the defendants not meteing compliance thereto, a complaint embodied, in Annexure P-6, was, instituted before the Court of Judicial Magistrate, Ist Class, (II), Solan. Clause (a) of Paragraph 5 of the plaint, details the amount(s) taken as loan, by the defendants, from the plaintiff.

(3.) Succinctly, the dishonored cheque borne in Annexure P-3, is, espoused to be carrying hence sum(s) of money arising, towards a legally enforceable debt. The plaintiff, through the instant plaint, cast under the afore provisions, has, upon Annexure P-7, Annexure whereof comprises a notice issued by the defendants, hence, reared a vehement contention, before this Court, (i) that the recitals borne therein, being, readable as admission(s) of the defendants, vis-a-vis, issuance, of, the afore dishonored negotiable instrument, borne in Annexure P-3, being towards a legally enforceable debt, hence, a verdict rather summarily decreeing the plaintiff's suit being pronounced, upon, the plaintiff.