Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2005

Supreme Court of India · 2005-12-16

N.K. Rajgarhia vs M/S. Mahavir Plantation Ltd. & Ors

Citation / case number
AIRONLINE 2005 SC 1034
Court
Supreme Court of India
Petitioner
N.K. Rajgarhia
Respondent
M/S. Mahavir Plantation Ltd. & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court addressed the interpretation of a consent order regarding a financial settlement between parties, emphasizing the enforceability of terms related to dishonored cheques. The Court held that upon dishonor of any cheque, the entire remaining balance becomes payable immediately, allowing the decree holder to execute the decree for the total amount plus interest at 15% per annum. The Court clarified that extensions for payment should not be granted lightly and must consider the interests of justice, ultimately ruling in favor of the appellant's right to enforce the decree.

N.K. Rajgarhia vs M/S. Mahavir Plantation Ltd. & Ors · Niyam