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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
Renu Mathur – Appellant
Versus
Ramesh Chander Gupta – Respondent
| Table of Content |
|---|
| 1. introduction and procedural history of the appeal (Para 1 , 2 , 3 , 4) |
| 2. factual background of the loan agreement (Para 6) |
| 3. defendants' denial of loan and accusations of forgery (Para 7) |
| 4. trial court’s findings on promissory notes and cheques (Para 11 , 18 , 19 , 20) |
| 5. arguments presented by defendants and plaintiff (Para 13 , 14 , 15) |
| 6. pendente lite interest and costs awarded to plaintiff (Para 25 , 26 , 27) |
| 7. conclusion of appeal and orders made by the court (Para 29 , 30 , 31) |
JUDGMENT :
AMIT BANSAL, J.
1. The present appeal has been filed under Section 96 of the CIVIL PROCEDURE CODE , 1908 (‘CPC’) read with Order XLI Rule 1 of the CPC impugning the judgment and decree dated 3rd September, 2019 passed by the Additional District Judge, Patiala House Courts, New Delhi in CS No. 59187/2016 (‘impugned judgment’).
2. By the impugned judgment, the Trial Court has passed a decree of Rs. 50 lakhs in favour of the plaintiff along with future interest at the rate of 12% per annum.
3. The plaintiff has also filed cross objections to the extent that the Trial Court has erred in not granting pendente lite interest as well as the costs of the suit.
4. This Court vide order d
The court confirmed the validity of financial agreements and established a party's entitlement to pendente lite interest and costs in a civil claim.
The court confirmed that validated promissory notes and cheques substantiate claims for recovery, emphasizing that the burden of disproving such documents lies with the defendants.
Presumption of validity under Section 118 of the Negotiable Instruments Act remains unrefuted by the defendant, affirming enforceability of promissory note despite claims of fabrication.
Where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by....
The presumption of consideration under Section 118 of the Act is a statutory presumption and unless it is rebutted, it has to be presumed that consideration has passed.
An admission of signature on a negotiable instrument creates a legal presumption of consideration, which must be rebutted effectively by the defendant.
The presumption of consideration under Section 118(a) of the Negotiable Instruments Act applies when the execution of a promissory note is admitted, shifting the burden to the defendant to prove non-....
A cheque must represent a legally enforceable debt at maturity; part payments prior to presentation defeat claims under Section 138 of the NI Act.
The presumption of consideration under Section 118-A of the Negotiable Instruments Act applies unless disproven by the defendants.
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