Petition No. 11/2015. Case: Pradeep Kumar Puri Vs Ranjeet Kour and Ors.. Jammu and Kashmir High Court

Case Number:Petition No. 11/2015
Party Name:Pradeep Kumar Puri Vs Ranjeet Kour and Ors.
Counsel:For Appellant: L.K. Sharma, Sr. Advocate and Gurpartap Singh, Advocate
Judges:B.S. Walia, J.
Issue:Civil Procedure Code
Judgement Date:February 08, 2017
Court:Jammu and Kashmir High Court
 
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Judgment:

B.S. Walia, J.

  1. Prayer in this petition u/s. 104 of the Constitution of Jammu & Kashmir read with Article 226 of the Constitution of India is for quashing of order dated 15.01.2015 and 30.10.2012 passed by the Principal District Judge, Jammu in suit titled as Pradeep Kumar Puri Versus Naresh Kumar & Ors. on the ground that the undertakings filed by respondent No. 1 & her husband were wrongly held to be in accordance with the orders of the High Court dated 16.03.2012 in OWP No. 364/2012, whereas the same were not, consequently the application for leave to appear and defend the suit be dismissed and the suit of the petitioner be decreed along with interest and costs.

  2. That the brief facts of the case leading to the filing of the instant petition are that husband of respondent No. 1 i.e. Naresh Kumar entered into an agreement with the father of the petitioner to sell a school known as Cyber Natics School for Intellectuals situated at Arjun Vihar, Kunjwani, Jammu, along with movable and immovable assets, rights, licenses, privileges and permissions for Rs. 42,50,000/-. Possession of the said school and land was handed over upon receiving the entire consideration. However, thereafter, respondent No. 1 and her husband Naresh Kumar created such a situation that the agreement to sell had to be cancelled and the school and land returned back to respondent No. 1 and her husband vide duly executed revocation deed subject to payment of Rs. 54,00,000/- to the father of the petitioner which included Rs. 42,50,000/- paid by the petitioner's father, plus expenses incurred by the petitioner's father. Six cheques were issued towards said payment. However, out of the 6 cheques issued for the aforesaid amount, only the cheque for Rs. 2 lakhs was honoured while the remaining cheques were dishonoured on account of insufficient funds, thereby compelling the petitioner's father to file five complaints u/s. 138 of the Negotiable Instruments Act for each of the dishonoured cheques besides a suit on 02.11.2007 under Order 37 of the CPC for recovery of Rs. 73,22,000/- inclusive of interest accrued at that time in the Court of the Ld. Principal District Judge.

  3. That an application was filed in the aforementioned suit by respondent No. 1 and her husband for leave to appear and defend the said suit. The same was granted by the Court of the Ld. Principal District Judge Jammu vide order dated 30.01.2012 subject to furnishing of Bank Guarantee of Rs. 40...

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