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2022 Supreme(Del) 1857

V. KAMESWAR RAO
Unnati Welfare Organisation – Appellant
Versus
Safety Energy Solutions Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Vikas Dhawan, Sr. Adv. with Mr. Sambit Nanda & Mr. Koushal Dogra, Advs., for the Plaintiff; Nemo., for the Defendants

JUDGMENT

V. Kameswar Rao, (Oral) J. - This is a Summary Suit filed under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) by the Plaintiff for recovery of debt and liquidated demand in money payable by the Defendants, jointly and severally, to the Plaintiff on a written contract and on a guarantee as embodied in the Deed of Personal Guarantee dated December 19, 2016 and Deed of Settlement dated March 26, 2016 executed between the parties and cheques dated December 31, 2016 issued by the Defendant No. 1 to the Plaintiff.

2. At the outset, I shall narrate a brief factual background of the case. The Plaintiff is a Society registered under the Societies Registration Act, 1860. The Defendant No. 1 is a company closely held, family-owned, managed and controlled by the Defendant No. 2 and his family. The Plaintiff, in order to provide low cost housing to its members on a no-profit no-loss basis, was in the process of purchasing land in L-Zone territory of Delhi so as to develop a group housing complex for its members under the Master Plan, Delhi 2021. The Defendant No. 1 represented to the Plaintiff that it has the expertise and experience to arrange purchase of land required by the

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