SONU Vs. PRITIKA FASHIONS PVT. LTD. AND ORS.

JUDGEMENT

(1.) I.A. 14404/2014

(2.) PLAINTIFF has filed the present suit under the provisions of Order XXXVII of the Code of Civil Procedure for recovery of Rs. 31,00,000/ - together with pendente lite and future interest. The present suit is based on five cheques total amounting to Rs. 31,00,000/ -, which were dishonoured on presentation due to insufficient funds.

(3.) LEARNED counsel for the defendants submits that the defendants are entitled to unconditional leave to defend as the plaintiff did not comply with the terms and conditions of the Agreement dated 1.8.2011 and on this ground the present suit is not maintainable and, thus, no amount is payable by the defendants to the plaintiff. It is also contended that the present suit is an abuse and misuse of the process of law and the plaintiff is not entitled to any relief. Learned counsel for the defendants has placed reliance on the Memorandum of Understanding signed between the parties, the original of which has been handed over in Court today. It is also contended that the Memorandum of Understanding filed by the plaintiff is fabricated and the plaintiff has intentionally erased certain clauses from the Memorandum of Understanding.