* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 29^th January, 2026 Pronounced on: 15^th April, 2026 + RFA 111/2024, CM APPL. 9110/2024 & 9111/2024 BIPIN KUMAR S/o Sh. Arjun Paswan, R/o F-43, Ground Floor, Karampura, Near Labour Court, Moti Nagar, Delhi. .....Appellant Through: Mr. Prateek Gupta, Mr. Raghav Tiwari, Ms. Vishakha Kaushik, Advocates.

versus LAKSHMI CHHABRA R/o K-13, Ground Floor, Kirti Nagar, New Delhi. .....Respondent Through: Mr. Akshay Mahajan and Mr. Manu Kaushik, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The present Regular First Appeal under Section 96 read with Order XLI of the Civil Procedure Code, 1908 (hereinafter referred to as ‘CPC’) has been filed on behalf of the Appellant, assailing the Judgement and Decree dated 25.11.2023, whereby the learned Additional District Judge dismissed the Application for condonation of delay in entering appearance and decreed the Suit of the Respondent for a sum of Rs.35,00,000/- along with interest at the rate of 8% per annum with effect from 20.12.2022 till realisation.

2. The Plaintiff/Respondent had instituted a Civil Suit bearing Civ. DJ No. 1153/2022 under Order XXXVII CPC for recovery of Rs. 35,00,000/-

along with interest @ 12% per annum.

3. Briefly stated, the case of the Plaintiff/Respondent is that in October 2016, the Defendant/Appellant, fraudulently and dishonestly induced the Plaintiff to advance a sum of Rs.25,00,000/- for a period of 05 years with interest at the rate of 8% per annum, as a friendly loan, on account of his dire need of funds, which he intended to invest in the business entity named “FVG Blue Mediacom”.

4. Accordingly, on 18.10.2016, a friendly loan for a sum of Rs.25,00,000/- was given and the money was transferred through RTGS from the bank account of the Plaintiff.

5. Subsequently, in October 2017, the Plaintiff and her husband contacted the Defendant for payment of annual interest on the said amount for the year 2016-17, but the Defendant evaded the payment on account of his need for more investment in his business entity. In October 2018 and thereafter, on several occasions, the Plaintiff tried to reach the Defendant, but he evaded payment citing medical emergencies and stopped picking the phone calls.

6. Thereafter, in March 2020, due to the national lockdown on account of COVID-19, the Plaintiff tried to contact the Defendant and waited till September 2020, but the Defendant failed to respond.

7. The Plaintiff became suspicious as the interest amount of about Rs.8,00,000/- had accumulated till then. The Plaintiff, along with her husband, was constrained to reach the office of the Defendant, wherein Defendant stated that on account of COVID-19, his business had declined and assured that he would return the principal loan amount along with accumulated interest @ 8% per annum, within one year.

8. Subsequently, after one year, i.e. in October 2021, when again the Plaintiff tried to contact the Defendant, he was not reachable. The Plaintiff again reached the office of the Defendant, but to her shock, she came to know that he had not been coming to the Office for a long time and found the same locked.

9. Thereafter, despite many visits to the Office of the Defendant, he was not found available. Finally, the Plaintiff and her husband were able to meet the Defendant in July 2022 at his office, and when the Plaintiff firmly demanded the return of the amount, he admitted his liability of Rs.35,00,000/- and gave two cheques, Cheque No. 048094 and Cheque No. 058132, both dated 25.07.2022, amounting to Rs.25,00,000/- and Rs.10,00,000/- respectively. However, the cheques on presentation got dishonoured with the remarks ‘No such account’ as well as ‘Contact drawer/drawee BK & please present again’.

10. The Plaintiff thereafter, sent a Legal Notice dated 08.08.2022, through speed post, but it was refused by the Defendant. The same was thereafter, sent on 18.08.2022 through WhatsApp.

11. Since th