Pariksmx Vig v. Anil Kumar Sherawat & Anr

Delhi High Court · 11 Dec 2018 · 2018:DHC:8783
Valmiki J. Mehta
RFA 997/2018
2018:DHC:8783
civil appeal_allowed Significant

AI Summary

The Delhi High Court held that a money decree based on a dishonored cheque issued by a company is enforceable only against the company and not against the individuals personally.

Full Text
Translation output
$-22 & 7 HIGH COURT OF DELHI
RFA 997/2018
PARIKSmX VIG Appellant
Through: Mr. Sanjoy Ghose and Mr. Rhishabh Jetley, and Mr. Nikhilesh Kumar, Advocates (9811118889)
VERSUS
ANIL KUMAR SHERAWAT &ANR Respondents
Through: Mr. Ashish Mohan andMs. Jyoti Taneja, Advocates (9999500069)
RFA 495/2018
DEEPAK VIG Appellant
Through: Mr. Sanjoy Ghose and Mr. Rhishabh Jetley, Mr. Nikhilesh Kumar
Advocates (9811118889)
VERSUS
ANIL KUMAR SHERAWAT &ANR Respondents
Through: Mr. Ashish Mohan andMs. Jyoti Taneja, Advocates (9999500069)
CORAM:
HON'BLE MR. JUSTICE VALMIKIJ. MEHTA
1L12.2018
ORDER

1. After arguments, these appeals are disposed of with the consent order that the impugned judgment and decree will be treated not against the appellants personally but against the company M/s Dolphin Travels Pvt. Limited, and which company had issued the cheque dated 3.9.2013 of 2018:DHC:8783 Syndicate Bank, Barakhamba Road, New Delhi. These appeals are accordingly disposed ofand it is clarified that the respondent/plaintiffhas in its favour a money decree in terms of the impugned judgment and decree, only as against the company M/s Dolphin Travels Pvt. Limited but not against the appellants personally.

2. Accordingly, these appeals are disposed of in view of the aforesaid observations. VALMIKIJ. MEHTA,J DECEMBER 11, 2018 CJ(o\^c^Mo^ gj-V7^ Cr>eUr^M