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march 2025

Delhi High Court · 2025-03-20

RADHEY SHYAM GARG vs SANGITA PODDAR

Citation / case number
CM(M)-1602/2023 2025:DHC:1905
Court
Delhi High Court
Petitioner
RADHEY SHYAM GARG
Respondent
SANGITA PODDAR
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Judgment text excerpt

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 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