RADHEY SHYAM GARG vs SANGITA PODDAR

Judgment text excerpt

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th March, 2025 + CM(M) 1602/2023& CM APPL. 50430/2023 RADHEY SHYAM GARG .....Petitioner Through: Mr. Rohit Kumar Modi, Advocate. versus SANGITA PODDAR .....Respondent Through: Ms. Khushboo Aggarwal, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The respondent herein i.e. Ms. Sangita Poddar has filed a suit seeking recovery of Rs. 10,00,000/- and, according to her, defendant had approached her seeking a friendly loan and, accordingly, she had given such friendly loan by issuing a cheque on 01.10.2012 and such cheque was also duly encashed by the defendant. 2. According to her, the defendant entered into one agreement on same day and admitted that he had taken loan from her and, in return, he also issued a post-dated cheque towards discharge of his liability, as per the loan agreement. 3. As per the averments appearing in the plaint, on the basis of subsequent requests made by the defendant, he was permitted to hand over new cheque in Signature Not Verified Digitally Signed CM(M) 1602/2023 1 By:SONIA THAPLIYAL Signing Date:24.03.2025 18:20:31 lieu of the old cheque. Such arrangement continued for quite some time and since the amount was not returned, the plaintiff (respondent herein) was compelled to file the above said suit, seeking recovery. 4. The stand of the defendant (petitioner herein) is that he never approached the plaintiff for any friendly loan. He also contended that the alleged written agreement was never executed by him. He also claimed that he had dealings with one Mr. Manak Aggarwal and some blank signed cheques were handed over to him as security, which seemed to have been misused by the plaintiff. 5. He also claimed that the suit was barred by the limitation.