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DELHI HIGH COURT
V.KAMESWAR RAO
Unnati Welfare Organisation – Appellant
Versus
Safety Energy Solutions Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. debt recovery based on contract and guarantee. (Para 1 , 2 , 3 , 4 , 5) |
| 2. enforceability of settlement agreements. (Para 6 , 7 , 8 , 9) |
| 3. dishonour of cheques and liability. (Para 10 , 11) |
| 4. initiation of legal proceedings. (Para 12 , 13 , 14) |
| 5. claim based on dishonoured cheques. (Para 15 , 16 , 17 , 18 , 19) |
| 6. plaintiff's compliance with jurisdictional requirements. (Para 20 , 21 , 22) |
| 7. entitlement to recovery and interest. (Para 23) |
| 8. final relief and order. (Para 24 , 25 , 26 , 27) |
JUDGMENT
V. Kameswar Rao, J. (Oral)--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.
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