SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(P&H) 4005

SUDHIR MITTAL
Indiabulls Housing Finance Limited – Appellant
Versus
Rhc Holding Private Limited And Others – Respondent


Advocates Appeared:
R.S. Rai, Adv., V.K. Sachdeva, Adv., Rubina Virmani, Adv., J.S. Bedi, Adv., Lovekirat S Chahal, Adv.

JUDGMENT

Sudhir Mittal, J. - The petitioner is a finance company. It has disbursed a loan to respondent No.1. In discharge of its liability to repay the loan amount, a cheque dated 5.12.2017, amounting to Rs.2,91,55,500/- was issued by respondent No.1, but vide memo dated 27.12.2017, the same was dishonoured. A legal notice under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as 'the Act') was issued, but the cheque amount was not paid within the statutory period, leading to filing of a complaint under Section 138 of the Act. Vide summoning order dated 7.2.2018, the respondents were summoned for 27.4.2018. On this date, the respondents put in appearance through counsel and sought exemption from personal appearance on various grounds. Respondent Nos.2 and 5 sought exemption on the ground of ill-health of the mother of respondent No.2 and respondent Nos.3 and 4 sought exemption on the ground of their own ill-health. The matter was adjourned to 10.05.2018 on which date exemption was again sought on behalf of respondent Nos.2 to 5. Meanwhile, the petitioner filed an application dated 1.5.2018 for putting respondent Nos.2 to 5 to terms. It was prayed that t

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon telegram-icon
              whatsapp-icon Back to top