MOTI LAL vs SHRI PREM CHAND

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 12th January, 2026 Pronounced on: 13th March, 2026 + RFA 271/2025 & CM APPL 16971/2025 MOTI LAL S/o Late Sh. Ram Gopal, R/o C-7, Janhit Apartment, Rohini, Sector- 9, Delhi- 85 ..... Appellant Through: Mr. Gobind Malhotra, Mr. Lovish Sharma, Mr. Rehan Saifi, Mr.Gurpreet Singh, Ms. Namrata Malhotra and Ms. Avneet Kaur, Advocates. versus PREM CHAND (Proprietor of M/S Suraj Mall Ghanshyam Dass), R/o 2735/4, Mohan Lal Place, Naya Bazar, Delhi-110006 ALSO AT: House No. BH-28A, East Shalimar Bagh, Delhi-110088 ..... Respondent Through: None CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. The Appeal has been filed under Section 96 and Order XLI of the Code of Civil Procedure, 1908 (hereinafter referred o as “CPC”) against the Signature Not Verified Digitally Signed By:ANIL RFA 271/2025 P age 1 of 9 KUMAR BHATT Signing Date:13.03.2026 18:23:01 Judgment and Decree dated 22.11.2024 passed by the Ld. District Judge (Central), Delhi, whereby Suit for recovery of Rs.4,90,000/- filed by the Plaintiff/Appellant, was dismissed for want of evidence. 2. Briefly stated, the Appellant, Mr. Moti Lal filed a Civil Suit No. CS DJ 53/2021 titled “Moti Lal v. Prem Chand” for Recovery of Rs.4,90,000/-. It was stated by the Plaintiff that in May 2017, a sum of Rs.7,00,000/- with interest at the rate of 1% per month, was advanced in cash to the Respondent/Defendant, Mr. Prem Chand, which was repayable within 2–3 months, vide a handwritten Undertaking/Receipt dated 02.06.2017,which was issued on the Letterhead of the proprietorship concern of the Respondent. 3. The Appellant submitted that the Respondent had repaid a total sum of Rs.4,00,000/- (Rs.2,00,000/- on 02.09.2018, Rs.1,50,000/- on 07.01.2019