Rajiv Sahai Endlaw, J.

1. This appeal impugns the judgment and decree dated 25th February, 2009 (of the Court of Addl. District Judge, Delhi in CS No.75/2008) in favour of the respondent, of recovery of principal sum of Rs.5 lacs together with Rs.55,000/- towards interest till the date of institution of the suit and interest pendente lite and future @ 6% per annum, from the appellant/defendant.

2. Notice of the appeal was issued and subject to the deposit by the appellant/defendant of the entire decretal amount in this Court, the execution stayed. The appellant/defendant preferred SLP (Civil) No.14282/2009 to the Supreme Court against the said order but which was dismissed vide order dated 22nd June, 2009. The appeal was admitted for hearing on 14th September, 2009 and the Trial Court record was requisitioned. Vide order dated 4th December, 2009, subject to the respondent/plaintiff furnishing adequate security and subject to restitution in the event of appellant/defendant succeeding, the respondent / plaintiff was permitted to withdraw the decretal amount deposited by the appellant/defendant. The record shows the decretal amount to have been so released to the responden