High Court of DelhiCS(OS)/3182/2015

Akhilesh Chandra & ORS v. Ishpal Bhardwaj

2017-09-14Joint Registrar Sh. Mahesh Chander Gupta (Dhjs)2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3182/2015 AKHILESH CHANDRA & ORS ..... Plaintiffs Through: Mr. L.B. Rai, Advocate with Mr. Mohit Kumar Sharma, Advocate.

versus ISHPAL BHARDWAJ ..... Defendant Through: None.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 14.09.2017 I.A. 631-632/2017 Present applications have been filed by the defendant seeking unconditional leave to defend as well as for condonation of delay in fling the said applications.

Despite a pass over, none is present for the defendant-applicant. Consequently, present applications are dismissed in default and on account of non-prosecution.

CS(OS) 3182/2015 & I.As. 22306/2015 Present summary suit has been filed for recovery of Rs.3,54,17,071/- under a Memorandum of Understanding dated 27th March, 2015. In the plaint, it has been averred that four cheques totalling Rs.50 lacs issued by the defendant have been dishonoured by the Bank on the ground

of 'Insufficient Funds'.

Since the leave to defend application filed by the defendant has been dismissed, this Court is of the view that the plaintiff is entitled to judgment forthwith in accordance with Order XXXVII Rule 3(6) of the Code of Civil Procedure.

Accordingly, the present suit and application are decreed with interest as prayed for in favour of the plaintiff and against the defendant. Registry is directed to prepare a decree sheet accordingly. MANMOHAN, J SEPTEMBER 14, 2017 js