SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Del) 1243

RAJIV SAHAI ENDLAW
MAHESH KUMAR WADHWA – Appellant
Versus
BIMAL LUTHRA – Respondent


Advocates appeared:
Mr, Siddharth Yadav, Advocate
Mr Dinesh Garg with Mr Kapil Sekhri and Ms Rachna Agrawal, Advoctes.

JUDGMENT

RAJIV SAHAI ENDLAW, J.


1. The defendant seeks leave to defend the suit under Order 37 CPC instituted for recovery of Rs 32,91,100/- on the basis of two promissory notes for Rs 14,55,000/- and Rs 4,75,000/-, with interest at 24% per annum.

2. The plaintiff approached the court pleading that the defendant is the husband of the cousin of the father-in-law of Shri Manohar Lal Wadhwa, brother of the plaintiff.

3. It was further pleaded that the defendant approached the plaintiff through the said Shri Manohar Lal Wadhwa for a friendly loan to help the defendant in a financial crisis; the plaintiff, on the request of his brother, claims to have given a friendly loan of Rs

14,55,000/- in cash to the defendant on 5th November, 2003 and a further friendly loan of Rs 4,75,000/-, also in cash on 16th February, 2004; the defendant is stated to have further assured to repay the said loan as early as possible and to pay interest to the plaintiff at 24% per annum; the defendant is stated to have executed pronotes in favour of the plaintiff and to have “also executed a receipt of the amount in the presence of Shri M.L. Wadhwa on both the dates i.e., 5th November, 2003 and 16th Febr























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top