KAMAL GUPTA & ANR. vs M/S SURGE INDUSTRIES LTD. & ORS.

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th May, 2025 + CS(OS) 694/2024 KAMAL GUPTA & ANR. .....Plaintiffs Through: Mr. Akhil Sibal, Senior Advocate with Mr. Sparsh Aggarwal and Ms. Ridhi Bajaj, Advocates. versus M/S SURGE INDUSTRIES LTD. & ORS. .....Defendants Through: Mr. Ninad Dogra, Mr. Pranav Sarthi, Mr. Vishal Bharadwaj and Mr. Devesh Diwakar Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) I.A. 12254/2025 1. This is an application filed on behalf of the Plaintiffs under Order XXXVII Rule 3(6)(b) of CPC, 1908 for passing a decree in favour of the Plaintiff and against the Defendants in the sum of Rs.3,17,18,750/- along with interest @ 15% on the decretal amount till payment. 2. This is a summary suit filed by the Plaintiffs for recovery of the aforestated amount with interest. Facts to the extent necessary are that Defendants No. 2 and 3, who are partners in Defendant No. 1, approached the Plaintiffs for a friendly loan @ 15% per annum in December, 2020. Various amounts were advanced to Defendant No. 1 from December, 2020 under a Loan Agreement executed on 12.04.2024. Four cheques were issued Signature Not Verified Digitally Signed CS(OS) 694/2024 Page 1 of 8 By:KAMAL KUMAR Signing Date:31.05.2025 16:46:36 by the Defendants towards payment of Rs. 2,90,00,000/-, the details of which are mentioned in the plaint and are as follows:- 3. On deposit of the cheques by the Plaintiffs, the same were dishonoured, leading to filing of the present suit, based on the Loan Agreement; cheques issued by the Defendants, which were dishonoured; and WhatsApp chats and recorded conversations, wherein Defendants acknowledged the debt. 4. Summons were issued in the suit on 30.08.2024 and by the same order, Court restrained t