SANJEEV TIWARI vs VIJAY KUMAR TIWARI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 9th April, 2026 Pronounced on: 10th June, 2026 + RSA No. 184/2024 & CM APPL. 62781/2024 (stay) SANJEEV TIWARI S/o Late Sh. P.R.Tiwari R/o 201/A-3, Railway Quarters, Basant Lane, Paharganj, New Delhi. ......Appellant Through: Counsel for Appellant (appearance not given) versus VIJAY KUMAR TIWARI S/o Late Sh. Pyare Lal Tiwari R/o 413, City Cooperative Housing Society Ltd., Sector-55, Gurugram, Haryana. ....Respondent Through: None CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as „CPC‟) has been filed on behalf of the Appellant against the Judgment dated 01.08.2024 whereby the learned District Judge has upheld vide Order dated 19.04.2022 of the learned Civil Judge, who has decreed the Suit of the Plaintiff/Respondent in the sum of Rs.2,20,000/- along with the interest @ 8% p.a. on the sum of Rs.2,00,000/-, from the date of filing of the Suit till the date of decree. Signature Not Verified Signed By:VIKAS RSA No. 184/2024 Page 1 of 13 ARORA Signing Date:10.06.2026 15:39:36 2. The Civil Suit bearing CS No. 93596/2016 was filed by the Plaintiff/Respondent, for Recovery of the loan of Rs.2,00,000/- along with the interest. 3. The facts in brief, the case of the Plaintiff is that he was carrying on business as the sole proprietor of M/s Western Wear Inc. In May 2009, at the request of the Defendant/Appellant, the Plaintiff advanced a friendly loan of Rs.2,00,000/- to him through two cheques of Rs.1,00,000/- each dated 04.05.2009 and 06.05.2009 respectively. The said cheques were duly encashed by the Defendant on 22.05.2009. It was agreed between the parties that the loan amoun