ASHWANI KUMAR Vs. KALIMUDDIN

JUDGEMENT

(1.) This application is allowed and the present appeal is restored to its original number.

(2.) This Regular First Appeal under section 96 of the Code of Civil Procedure, 1908 is filed by the defendant in the suit impugning the Judgment of the Trial Court dated 16.3.2018 by which the trial court has dismissed the leave to defend application filed by the appellant/defendant and has decreed the suit for recovery of money filed by the respondent/plaintiff. The cause of action arising in favour of the respondent/plaintiff was on account of giving of a loan of Rs. 15,00,000/- by the respondent/plaintiff to the appellant/defendant, and which loan was secured by the three subject cheques which were dishonored.

(3.) The facts of the case are that the respondent/plaintiff pleaded in the plaint that the appellant/defendant was in need of moneys inasmuch as the appellant/defendant was engaged in construction of flats at plot no. 408-409, Dhaka Johar, Near Parmanand Colony, Mukherjee Nagar, Delhi. In April, 2015, therefore on the appellant/defendant showing the respondent/plaintiff Collaboration Agreement entered into between him and Sh. Rakesh Kumar for construction of the flats on the aforesaid plot, the respondent/plaintiff arranged a sum of Rs. 15,00,000/- which was paid to the appellant/defendant as loan on 22.4.2015. Appellant/defendant in token of having received the loan signed the receipt of the same date i.e. 22.4.2015, and appellant/defendant also gave three post dated cheques dated 9.5.2016 for Rs. 5,00,000/- each to the respondent/plaintiff drawn on State Bank of India Branch, Azad Market, Delhi, bearing nos. 845466-68. These cheques however on presentation were dishonored with the remarks 'funds insufficient', and therefore the subject suit for recovery of Rs. 15,00,000/- was filed.