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1997 Supreme(Del) 271

R.C.LAHOTI
ASHWANI KUMAR – Appellant
Versus
LAWRENCE PUBLIC SCHOOL – Respondent


Advocates Appeared:
RAJESH MAHINDRU, S.K.TANEJA, Y.G.Grover

R. C. Lahoti,j.

( 1 ) THIS is a defendant s revision feeling aggrieved by an order dated 2. 4. 94 whereby the Trial Court seized of a suit under Order 37 of the CPC has rejected the defendant s application seeking leave of the Court to put in appearance and condone the delay in entering the appearance.

( 2 ) THE plaintiff-respondent is a public school. It appears that the plaintiff has sold a I seater Matador vehicle to the defendant-petitioner for a sum of Rs. 60,000. 00. Sale letter was executed.

( 3 ) THE defendant issued two cheques respectively for Rs. 25,000. 00 and Rs. 35,000. 00 to the plaintiff for payment of sale consideration. The delivery of vehicle was taken by the defendant. Cheque for Rs. 25,000. 00 was honoured and cleared by the Bank. The cheque for Rs. 35,000. 00 was dishonured on presentation. The defendant again issued two cheques for Rs. 10,000. 00 and Rs. 25,000. 00 respectively dated 16. 11. 92 and 25. 12. 92 which on being presented to the Bank were dishonoured. The plaintiff after serving legal notices filed the suit for recovery of Rs. 35,000 /by way of principal and Rs. 4,725. 00 by way of interest calculated @ 18% p. a. from the dates of the cheques till







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