JUDGMENT
Lokeshwar Prasad, J.
(1) The Director of defendant No.1, had borrowed a sum of Rs. 4,00,000.00 from the plaintiff between 6th February, 1988 and 18th February, 1988. It is averred that a sum of Rs. 3,80,000.00 was given to the defendants by the plaintiff by means of three pay orders, drawn on United Bank of India, Timarpur Branch and the remaining sum of Rs. 20,000/ – was given by means of a cheque dated the 18th February, 1988 also drawn on United Bank of India, Timarpur Branch, in favour of defendant No.1. It is stated that defendant No.2 in his capacity as Managing Director of defendant No.l had personally negotiated the aforesaid loan and had guaranteed the repayment of the principal amount alongwith interest to the plaintiff. It is further averred that the defendants had issued six cheques, each for Rs.5,000.00 drawn on Central Bank of India, Palam-Gurgaon Road Branch, Delhi towards payment of interest. It is stated that out of the six cheques given by the defendants, cheque No. 0082246 dated the 20th January, 1990, drawn on Central Bank of India, Palam, Gurgaon Road, Delhi for Rs. 5,000.00 was not accepted for payment by the Bank because of the introduction of the computerized system in the Bank. It is stated that inspite of repeated requests the defendants have not given another cheque in lieu of the above mentioned cheque. It is further stated that the defendants have neither paid the principal amount nor the interest, despite repeated requests and demands. It is stated that as on 1st February, 1991, an amount of Rs. 5,88,000.00 inclusive of interest is due and payable to the plaintiff by the defendants.
(2) It is further averred that since the defendants did not pay the amount due and payable by them to the plaintiff, a legal notice was sent to the defendants calling upon them to pay the principal amount together with interest. Despite service of legal notice, the amount payable by the defendants has not been paid by them to the plaintiff and hence the suit. It has been prayed by the plaintiff that a decree for Rs. 5,88,000.00 be passed in favour of the plaintiff and against the defendants jointly and severally with costs and pendente lite and future interest @ 18% per annum.
(3) Since the defendants did not care to appear despite service they were directed to be proceeded ex-parte in the present proceedings vide order dated the 11th February, 1997, passed by the learned predecessor of this Court.
(4) The plaintiff, in support of his case, has adduced the evidence by means of affidavit. He has filed his own affidavit by way of evidence. The plaintiff’s evidence, adduced by him by means of affidavit dated the 24th July, 1997, has gone on record unrebutted and unchallenged which I see no reason to disbelieve. On the basis of the facts, as disclosed by the plaintiff in his above mentioned affidavit, it is established that the defendants had borrowed a sum of Rs. 4,00,000.00 from the plaintiff and the above said amount was given by the plaintiff to defendant No. 2 by means of three Bank drafts for Rs. 3,80,000.00 and a cheque for Rs. 20,000.00 , all drawn on the United Bank of India, Timarpur Branch, Delhi. It is further established that the defendants had issued six cheques each of Rs. 5,000.00 drawn on Central Bank of India, Palam- Gurgaon Road towards interest and out of the above mentioned six cheques, one cheque bearing No. 0082246 dated the 20th January, 1990 was not accepted for payment by the Bank because of the introduction of computerized cheque system in the Bank. It is also established that in spite of repeated demands, the defendants neither gave another cheque nor paid the amount to the plaintiff. It is also established that on the date of the filing of the suit a sum of Rs. 5,88,000.00 inclusive of interest is payable by the defendants jointly and severally to the plaintiff which has not been paid to the plaintiff by the defendants despite service of legal notice on them. The plaintiff is also entitled to the costs of these proceedings.
(5) In view of the above discussion, the present suit of the plaintiff is decreed in favour of the plaintiff for Rs. 5,88,000.00 (Rupees five lacs and eighty eight thousand only) with costs and pendente lite and future interest @ 18 per cent per annum from the date of the filing of the suit till realisation against the defendants whose liability will be joint and several. Decree Sheet be drawn up accordingly and thereafter the file be consigned to Record Room.