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S.S.NIJJAR
Vijaykumar B. Agarwal – Appellant
Versus
Govindbhai Dayal Mange and anothe – Respondent


JUDGMENT - S.S. NIJJAR,J.:---This order will dispose of Notice of Motion Nos. 2023/97 and 2167 of 1997.

These two Notices of Motion have been taken out for setting aside the ex parte decrees dated 20th July, 1995 against defendant No. 1 and 18th October, 1995 against defendant No. 2. The plaintiff is carrying on business in the name and style of "Oriental Finance Company". On 23rd August, 1991 the plaintiff had advanced a sum of Rs. 1,00,000/- to the firm of Dayal Dosabhai Co. The firm had given post dated cheques in favour of the plaintiff dated 25th November, 1991. The firm also handed over three other post dated cheques for interest for Rs. 1500/- Rs. 1500/- and Rs. 1700/- which covered the interest for the period upto 25th November, 1991. Defendant Nos. 1 and 2 guaranteed the repayment of the amount. Two guarantees were given in writing by defendant Nos. 1 and 2 dated 23rd August, 1991. On presentation of the post dated cheques by the plaintiff to the bank, it was dishonoured with the remarks" insufficient funds". Plaintiff gave advocate's notice dated 17th December, 1991 recording the fact of dishonour of the cheques and calling upon the firm to make the payment. This notice








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