HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This Regular First Appeal under Section 96 of the Code
of Civil Procedure, 1908 (CPC) is filed by the defendant in the Order
XXXVII CPC suit impugning the Judgment of the Trial Court dated
13.2.2018 by which the trial court has dismissed the leave to defend
application filed by the appellant/defendant and decreed the suit filed
on the basis of dishonoured cheque for a sum of Rs.6,00,000/-.
2. The case of the respondent/plaintiff was that the
appellant/defendant was granted a friendly loan of Rs. 6,00,000/- on
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RFA No.526 of 2018
7.9.2015 and to secure which the appellant/defendant had issued a post
dated Cheque No. 324347 drawn on Punjab National Bank, Sector-10,
Dwarka, New Delhi dated 7.9.2016. Respondent/plaintiff did not
present the cheque for encashment on the request of the
appellant/defendant but ultimately on account of non-payment of the
dues the respondent/plaintiff issued the Legal Notice dated 2.2.2017
and thereafter filed the subject Order XXXVII suit.
Source: Indian Kanoon