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