NEUTRAL CITATION NO. 2022/DHC/004760

CS(OS) 1239/2008 & CS(OS) 1240/2008 Page 1 of 12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 26^thSeptember, 2022

Decided on: 11^th November, 2022

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CS(OS) 1239/2008

SHRI RAMESH CHANDER GOEL

S/o Shri R.N. Aggarwal,

R/o BT-61, Shalimar Bagh,

Delhi-110088.

..... Plaintiff

Represented by:

Mr. P.D. Gupta, Sr. Advocate

with Mr. Abhishek Gupta,

Advocate.

versus

MASTER CHIRAG GOEL (MINOR)

S/o Shri DayaKishan Goel,

R/o 45-D, Venus Apartments,

Flat No. 49, 13^th Floor,

R.G. Thadani Marg, Worli Sea Face,

Mumbai-400018,

Through his father & natural gurdian,

Shri Daya Kishan Goel ..... Defendant

Represented by:

None.

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CS(OS) 1240/2008 & I.A. 20868/2015

SHRI RAMESH CHANDER GOEL

S/o Shri R.N. Aggarwal,

R/o BT-61, Shalimar Bagh,

Delhi-110088.

.....Plaintiff

Represented by:

Mr. P.D. Gupta, Sr. Advocate

with Mr. Abhishek Gupta,

Advocate.

Digitally Signed

By:SAHIL SHARMA

Signing Date:11.11.2022

12:47:55

Signature Not Verified

NEUTRAL CITATION NO. 2022/DHC/004760

CS(OS) 1239/2008 & CS(OS) 1240/2008 Page 2 of 12

versus

SHRI DAYA KISHAN GOEL

Alias Dinesh Goel,

S/o Shri R.N. Aggarwal,

R/o 45-D, Venus Apartments,

Flat No. 49, 13^th Floor,

R.G. Thadani Marg, Worli Sea Face,

Mumbai-400018.....Defendant

Represented by:

None.

CORAM:

HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G E M E N T

1.

The two suits are being decided together since they involved common

issues and common transactions and were consolidated by Order dated 1st

May, 2019.

2.

The plaintiff has sought recovery of sum of ₹3,15,57,680/- against the

defendant, his brother Daya Krishan Goel in Suit bearing No. 1240/2008

and Recovery of sum of Rs. 1,54,43,120/- from the defendant, his nephew

Chirag Goel through his father Daya Krishan Goel in Suit bearing No.

1239/2008.Pendente lite and future Award interest @ 18% per annum has

also been claimed from the date of filing of the Suit till its realization.

3.

Facts in brief are that the plaintiff and the defendant Daya Krishan

Goel are the real brothers while Chirag is the nephew. They had been doing

business together and eventually the plaintiff shifted his business to Sri

Lanka. The family business continued. According to the plaintiff on the

request of defendant Daya Krishan Goel, he gave him (in CS(OS)

1240/2008) and his minor son defendant Chirag Goel (in CS(OS)

1239/2008) a personal loan in the sum of US $ 4,70,000/-, equivalent to

Digitally Signed

By:SAHIL SHARMA

Signing Date:11.11.2022

12:47:55

Signature Not Verified

NEUTRAL CITATION NO. 2022/DHC/004760

CS(OS) 1239/2008 & CS(OS) 1240/2008 Page 3 of 12

INR Rs. 2,04,92,000/- and of US $ 2,30,000/-equivalent to INR Rs.

1,00,28,000/-calculated @ 43.60 paise per US$ as prevalent on 01^st July,

2005 respectively. The sum is calculated @ 43.60 paise per US $ as

prevalent on 01^st July, 2005. The money was transmitted by the plaintiff

from his personal bank account maintained with the State Bank of India,

Colombo, Sri Lanka by using SWIFT Banking Channel to the two accounts

of the defendant Daya Krishan Goel and Chirag Goel, minor (maintained by

his father Daya Krishan Goel) in ABN Amro Bank, NV, New Delhi on

01^stJuly, 2005.

4.

The plaintiff has claimed that the defendant had promised to return the

loan amount within six months and had also agreed to pay interest @18%

per annum from the date of receipt of the amount till its repayment.

However, despite expiry of the period of six months followed by repeated

requests, the defendant has failed to pay the amount.

5.

Left with no option, the plaintiff issued a Legal Notice dated 27^th

March, 2008 calling upon the defend