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2009 Supreme(Del) 168

ARUNA SURESH
PARMINDER JEET SINGH – Appellant
Versus
KULJIT SINGH – Respondent


Advocates Appeared:
Mr. Arvind Kumar, Adv. Ms. Neelam Rathore, Adv. Petitioners in person.
Mr. Manish Tiwari, Adv. Respondent in person.

ARUNA SURESH, J.

1. In December 2000 Gurbachan Singh, since deceased who happened to be the husband of petitioner No. 2 and father of petitioner No. 1 made a request to the respondent for a friendly loan of Rs. 4 lacs as he was going through some bad phase and needed some money for his business. Respondent advanced loan of Rs. 4 lacs in two installments in December, 2000. Gurbachan Singh issued three post- dated cheques bearing No. 685442 dated 5.1.2004 for Rs. 1,00,000/-, 685443 dated 5.1.2004 for Rs. 1,00,000/- and 685444 dated 15.1.2004 for Rs. 2,00,000/- drawn on Federal Bank Limited, Civil Line, Agra, in favour of respondent as an assurance for repayment of the loan. Gurbachan Singh expired on 15.1.2001. After his death respondent approached the petitioners in January, 2004 and asked them to repay the friendly loan of Rs. 4 lacs. The cheques were not presented for encashment on the request of the petitioners as they were not having sufficient funds. Thereafter respondent continued to request the petitioners to repay the friendly loan amount. But the petitioners did not repay the loan amount taken by Gurbachan Singh and also allegedly by petitioner No. 2. A legal notice dated 2












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