IN THE COURT OF SH.
MOHAMMAD
EHTESHAM, ADDITIONAL DISTRICT JUDGE-03,
SHAHDARA, KARKARDOOMA COURTS, DELHI
CS. NO. 311/2022
IN THE MATTTER OF:-
VIRENDRA AGGARWAL
R/O 74, Gajju Katra Shahdara
Delhi -110032 ……PLAINTIFF
VERSUS
SUNIL GUPTA
S/O Sh. Ram Niwas Gupta
R/o 4/1739. Ration Office Road .
Bhola Nath Nagar Shahdara Delhi-110032 ……DEFENDANT
EVIDENCE ON BEHALF OF THE PLAINTIFF BY WAY
OF AFFIDAVIT
AFFIDAVIT of Shri Virendra Aggarwal S/o Shri Shiv Kumar, aged
64 years R/o H. No. 74, Gajju Katra, Shahdara, Delhi- 110032
I, the above named deponent do hereby solemnly affirm
and declare as under:-
1. That the plaintiff is permanent resident at the address
mentioned above.
2. That the plaintiff was in government service at the time of
transaction in question.
3. That the defendant came in contact with the plaintiff through
brother-in law/ Sadu of the plaintiff.
4. That in the month of December 2017 the defendant came at the
above said residential address of the plaintiff i.e. 74, Gajju
Katra, Shahdara Delhi-110032 and sought financial assistance
for an amount of Rs. 10 Lacs from the plaintiff for his business
purposes for the period of five months. The defendant knew
that the plaintiff had means to fulfill his financial need.
5. That considering the fact that the defendant was acquainted
with the brother-in law/ Sadu of the plaintiff and when the
plaintiff told his brother-in law/Sadu about the said demand of
defendant, then the brother-in-law/Sadu of the plaintiff assured
the plaintiff that the defendant is nice person and his money
will be safe and the defendant would duly return the amount to
the plaintiff within the specified period for which the financial
assistance is being sought.
6. That accordingly, on 13-12-2017, the plaintiff gave an amount
of Rs. 10,00,000/- ( Rupees Ten Lacs Only) to the defendant
through cheque which was duly honored and money was
transferred in the bank account of defendant.
7. That after the expiry of the period of five months, in the month
of May 2018, the plaintiff approached the defendant and asked
the defendant to return the aforesaid amount. Thereafter the
defendant issued a cheque bearing no. 000016 dated 24-05-
2018, for an amount of Rs. 10,00,000/- (Rupees Ten Lacs Only)
drawn on HDFC Bank, in favour of the plaintiff, and at the
time of issuing the above said cheque the defendant assured the
plaintiff that the said cheque will be honored on its
presentation.
8. That the plaintiff presented the cheque given by defendant
(cheque bearing no. 000016 dated 24-05-2018, for an amount
of Rs. 10,00,000/- (Rupees Ten Lacs Only) drawn on HDFC
Bank) to his banker I.e. State Bank Of India. Anaj Mandi,
Shahdara Delhi-110032. But the same was returned back by the
payee bank with the remarks as, “Funds Insufficient’’ vide
returning memo dated 28-05-2018.
9. That the above said acts of the defendant amounts to cheating
as the defendant has deliberately issued the cheque in question
having full knowledge of the fact that the above said cheque
will not be honoured. Thereby causing wrongful loss of the
amount of Rs. 10,00,000/- to the plaintiff.
10. That till date the defendant has not returned the said amount
despite repeated requests and demands of the plaintiff. Hence
the plaintiff is constrained to file the present suit.
11. That the plaintiff is entitled to recover an amount of Rs.
10,00,000/- (Rupee Ten Lakhs) from the defendant, along with
pendent lite interest of 18% P.A. till the date of the realization of
the amount.
12. That the cause of action for filing the present suit duly arose
after the expiry of the period of five months, in the month of
May-2018, when the plaintiff approached the defendant and
asked the defendant to return the aforesaid amount, then the
defendant issued a cheque bearing no. 000016 dated 24-05-
2018 for an amount of Rs. 10,00,000/- (Rupees Ten Lacs Only)
drawn on HDFC Bank, (519/1A-2A, Vishwas Nagar , Main
Road, Shahdara Delhi-110032) in favour of the plaintiff and at
the time of issuing the above said cheque the defendant assured
the plaintiff that the said cheque will be honoured on its
presentation. The cause of action further arose when the
plaintiff presented the above mentioned cheque in question to
his banker i.e. State Bank Of India, Anaj Mandi, Shahdara
Delhi, but the same was returned back by the payee banker
with the remarks as “Funds Insufficient” vide returning memo
dated 28-05-2018. The cause of action further arose when the
defendant has not returned the said amount despite repeated
requests and demands of the plaintiff; hence the cause of action
is still continuing one.
13. That the present suit is filed within the limitation period.
14. That there is no other efficacious remedy available to the
plaintiff except to file the present suit.
15. That the defendant approached the plaintiff and sought
financial assistance for a period of five months at his above
mentioned address i.e. 74 Gajju katra, Shahdara Delhi-110032,
and the plaintiff agreed to give friendly loan to the defendant at
his said residential address and the defendant also has to return
the said amount to the plaintiff at his above mentioned address
and the cheque issued by the defendant towards the discharge
of his liability towards the friendly loan amount given by the
plaintiff was also dishonoured at State Bank Of India, Anaj
Mandi, Shahdara Delhi and the said cheque was also drawn on
HDFC Bank, 519/1A-2A, Vishwas Nagar, Main Road,
Shahdara Delhi-110032, within the territorial jurisdiction of the
Hon ble Court hence this Hon” ble Court has absolute
jurisdiction to try entertain the present suit.
16. That the valuation of the suit for the purposes of court fees is
Rs. 10.00,000/- for which appropriate ad-valorem court fees is
being filed herewith.
PRAYER
It is therefore, most humbly prayed that this Hon’ble Court may
kindly be pleased to:-
(a) Pass a decree for recovery of Rs. 10,00,000/- (Rupees Ten Lacs)
towards amount borrowed by the defendant along with interest at
the rate of 18% per annum from the date of its actual payment in
favour of the plaintiff and against the defendants.
(b) Allow the costs of the present proceeding in favour of the plaintiff and
against the defendants.
(c) Payment of Rs.50000/- to compensate for mental agony and
harassment of Plaintiff.
(d) Any other relief which this Hon’ble Court deems fit and proper may
also kindly be granted in favour of the plaintiff and against the
defendant.
Delhi
Dated 19-04-24 PLAINTIFF
Through
(BIJENDRA KUMAR & AZAD SINGH )
ADVOCATES
VERIFICATION
I, the above named plaintiff do hereby solemnly affirm and states on
oath that the contents of para No 1 to 12 are true and correct to my
knowledge and para No 13 to 16 is to be true and correct on
information received and believed by me, Last para is prayer clause to
this Hon’ ble court.
Verified at Delhi on this …… Day of……….. 2024.
PLAINTIFF
IN THE COURT OF SH. MOHAMMAD EHTESHAM,
ADDITIONAL DISTRICT JUDGE, SHAHDARA,
KARKARDOOMA COURTS, DELHI
CS. NO. 311/2022
IN THE MATTER OF:-
VIRENDRA AGGARWAL ……PLAINTIFF
VERSUS
SUNIL GUPTA ……DEFENDANT
AFFIDAVIT
I, Virendra Aggarwal, Aged about 64 years R/o 74, Gajju Katra,
Shahdara Delhi-110032, do hereby solemnly affirm and declare as
under:-
1. That I am the plaintiff in the above noted case and being fully
conversant with the facts of the case and able to swear this
affidavit.
2. That the accompanying evidence by way of affidavit (Suit for
Recovery) has been drafted by my counsel under my
instructions and the contents of the same are true and correct to
my knowledge and the same may kindly be read as part and
parcel of this affidavit.
DEPONENT
VERIFICATION
I the above named deponent do hereby solemnly affirm and
verified that the contents of the above said affidavit are true and
correct to my knowledge and nothing material has been
concealed therefrom,
Verified at Delhi on this…… day of………. 2024
DEPONENT
