* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 14^th January, 2026 Pronounced on: 09^th April, 2026 + RFA 471/2022 LALA SHER SINGH MEMORIAL JEEVAN VIGYAN TRUST SOCIETY through its Authorised Signatory, Sh. Rajiv Narang, Address: Plot No.18, Sector-22, Dwarka, New Delhi. .....Appellant Through: Mr. Sanjay Madan, Advocate.

versus GAYATRI GUPTA W/o SH. Ashok Kumar Gupta, R/o D-4/3, Model Town-III, Delhi. .....Respondent Through: Mr. Amar Nath Gupta and Mr. Santosh Kumar Sahu, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Regular First Appeal under Section 96 of CPC has been filed on behalf of the Appellant i.e. Lala Sher Singh Memorial Jeevan Vigyan Trust Society against Judgment and Decree dated 07.06.2022 passed by learned ADJ-02, Delhi, i whereby Leave to Defend Application filed by Defendant No.3 / Appellant was dismissed and the Suit of the Plaintiff / Respondent for recovery of Rs.17,81,531/- along with interest @ 18% per annum, has been decreed

2. Plaintiff / Respondent had filed Suit bearing No. CS DJ ADJ No. 220/2020 under Order XXXVII of CPC for recovery of Rs.17,81,531/- along with pendente lite and future interest.

3. Brief facts as narrated therein were that Defendant No.1 / Presidium Dwarka Sector-22 School was headed by its Chairperson, Mrs. Sudha Gupta. Defendant No.2 / Ms. Neerja Chawla, was Regional Head Business Development and Authorised Signatory of Defendant No.1/School, who was operating from the premises of Mother‟s Pride School, located at 11/77, West Punjabi Bagh, New Delhi. Defendant No.3 / Presidium Educational & Charitable Trust was controlling the operations of Defendant No.1/School. Defendant No.4 / Presidium Educational Institution Private Limited, was private limited Company, had been controlling the overall operations of other Defendants. Its Director Mrs. Raj Rani Gupta, was the mother-in-law of Mrs. Sudha Gupta, Chairperson of Defendant No.1 / School.

4. It was further asserted that Defendant Nos.1 and 4 were known to the husband of the Plaintiff, for several years. In the month of May, 2017, Defendant Nos.1 and 4 sought a loan of Rs.15,00,000/- for the infrastructural development of Presidium School, Sector 22, Dwarka and assured that they would pay an interest @ 13% per annum payable monthly.

They also assured that the amount would be returned within a year.

5. Believing the assurance of the Defendants and considering the amicable relationship, Plaintiff lent a sum of Rs.15,00,000/- through cheque dated 02.05.2017, which was encashed on 06.05.2017. Defendant No.2 / Neerja Chawla, on the instructions of Presidium School and Presidium Educational Institution Private Limited and being the Authorized Signatory of Presidium School, Sector 22, Dwarka, issued a Demand Promissory Note and Receipt of consideration of Promissory Note, both dated 02.05.2017, under her signatures and the Seal of the School. The principal amount was returned by Defendant No.3 vide three cheques dated 07.04.2018 and 07.05.2018 towards principal and interest, in the sum of Rs.14,625/- each. All the three cheques, on presentations, were dishonoured for the reasons “drawer’s signatures not as per mandate” or “drawer’s signatures differ”.

6. The Plaintiff approached the Defendants for return of the loan amount, who assured that they would be able to arrange the funds in a few month / weeks. The Plaintiff again made several requests and made personal visits, despite which loan amount was not deposited. Therefore, Plaintiff filed Suit for recovery of a principal amount of Rs.15,00,000/- and the interest amount, totalling to Rs.17,81,531/-.

7. Leave to Defend Application under Order XXXVII Rule 3 CPC was filed on behalf of Defendant No.3 / Presidium Educational & Charitable Trust, wherein it was asserted that Plaintiff has impleaded Defendant No.3 as “Presidium Educational & Charitable Trust; Lala Sher Singh Memorial Jeevan Vigyan Trust Society.” However, Presidium Educational