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2018 (1) TMI 1699 - DELHI HIGH COURTDishonor of Cheque second time - insufficiency of funds - Seeking recovery alongwith pendente lite and future interest till the date of full realisation of the entire amount - HELD THAT:- Admittedly, the cheques issued under the Compromise Deed/Settlement Agreement dated 23rd December, 2016 have once again been dishonoured by the bank on the ground of ‘funds insufficient’ - Though the learned counsel for defendants has tried to argue various issues like jurisdiction and the plaintiff being a money lender, yet this court is of the view that such pleas cannot be entertained as no leave to defend has been placed on record till date. In view of the Compromise Deed/Settlement Agreement which provides the consequence for default of repayment, this court is of the view that the suit has to be decreed in accordance with the prayer clause and the default clause in the Compromise Deed/Settlement Agreement - the present suit is decreed against the defendants jointly and severally for a sum of Rs.4,38,00617/- along with interest @24% per annum from 01st February, 2016 (date of filing of suit) along with pendente lite and future interest till the date of actual payment of the full amount after deducting payment of Rs.25 lacs paid by the defendants to the plaintiff on 06th January, 2018. Since the defendants have not honoured their commitment despite Compromise Agreements being executed before various judicial forums, this Court is of the view that the defendants need to be saddled with exemplary costs of Rs.5 lacs, which should be paid to the plaintiff - Application disposed off.
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