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2018 Supreme(HP) 2199

SURESHWAR THAKUR
Himachal Co-operative Non Agriculture Thrift and Credits Society Limited – Appellant
Versus
Raj Kumar Mittal – Respondent


Advocate Appeared:
For the plaintiff :Mr. B.C Negi, Sr. Advocate with Mr. N.K Bhalla and Mr. Dalip K Sharma, Advocates.
For the defendants :Mr. P.S Goverdhan, Advocate.

JUDGMENT :

Sureshwar Thakur, J

This order will dispose of an application, cast under the provisions of Order 37 Rule 3 (5) of the Code of Civil Procedure, as, moved before this Court, by the defendants/applicants(hereinafter referred to as the “defendants”), wherethrough, they seek hence leave to defend the summary suit, instituted by the plaintiff/non-applicant (hereinafter referred to as the “plaintiff”).

2. The plaintiff has instituted the instant suit, cast under the provisions of Order XXXVII, of the Code of Civil Procedure, seeking there-through, the, recovery of suit amount. An averment is embodied in the plaint, qua the plaintiff being a duly registered cooperative Society, registration whereof, is, entered at Sr. No. 687, in the apt records, maintained by the Registering Authority concerned. The plaint has been instituted by the duly authorized representative of the society. The suit has been drawn, on, anvil of cheque bearing No. 409422 of 6.9.2016, drawn on State Bank of India, Solan, embodying therein a sum of Rs. 45,50,000/-, cheque whereof, upon, its presentation before the Bank concerned, was refused to be honoured, on account of “ Drawer sign not as per mandate”. Photo

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