S.N.AGGARWAL, DARSHAN SINGH, AMARPREET SHARMA
Kotak Mahindra Primus Ltd. – Appellant
Versus
Yusuf Masih – Respondent
S.N. Aggarwal, President— Yusuf Masih respondent purchased Indica Deluxe Car for a sum of Rs. 3,29,906 on 31.5.2001. Out of this amount, he had made the down payment of Rs. 82,906 while he had taken the loan amount of Rs. 2,47,000 from the appellants. This amount was repayable to the appellants in 41 monthly instalments of Rs. 7,600 each. The agreement arrived at between the parties was to expire on 15.9.2004. The respondent had issued the post dated cheques to the appellants for all the instalments for the dates with effect from 15.7.2001 to 15.9.2004 each amounting to Rs.7,600.
2. It was further pleaded that the respondent started making the payment of instalments towards the loan. However, the cheques dated 15.4.2002 and 15.5.2002 for two instalments i.e. for the months of April and May, 2002 presented by the appellants were dishonoured. The reason was that relative of the respondent had fallen seriously ill and he could not deposit the requisite funds in his bank account for clearance of these two cheques. However, the respondent had immediately informed the appellants not to present these cheques. The respondent had also assured the appellants that the payment of these
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