Plaintiff filed RCS before CJJD for recovery of amount with interest
Defendant filed an application complaining therein that Plaintiff charged heavy rate of interest @ 4% per month but he further stated therein that however he (Defendant) is ready to pay the whole amount in 5 equal installments.
Court granted time
But Defendant failed to honour even a single installment
Then Defendant approached to Plaintiff with requests for further 03 installments and offered to mortgage three properties by making in advance “Agreement to Sale” of those properties in favour of Complainant with promise that in case of dishonor of Cheque the Defendant will register the “Agreement for Sale” of respective property BUT simultaneously the Defendant requested to withdraw the said RCS
Plaintiff agreed on good faith because Defendant is a Chartered Accountant and they both approached Court and submitted the aforesaid Offer letter and accordingly the RCS was withdrawn
Now the Defendant again dishonoured two Cheques and refused to register the respective properties by saying that there is some technical problem and not only that but the Defendant sent letter to Plaintiff that he has financial problem so he cannot pay now but he will pay later in pieces of each installment @ 9% interest p.a.
Actually the Defenadnt did not pay even Rs.200/- to Plainitff after the RCS was withdrwan
What can Plaintiff do ?