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2013 Supreme(Del) 1549

RAJIV SAHAI ENDLAW
Hansa Electricals – Appellant
Versus
D. N. Wadhwa (Deceased) Through LR’s – Respondent


Advocate Appeared:
For the Appellants:Alok Mahajan, Rajesh Arya, Advocates.
For the Respondents:M.S. Vinaik, Advocate.

Judgment :

Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree (dated 30th November, 2004 of the Court of the Additional District Judge (ADJ), Delhi in Suit No.194/2003 filed by the deceased respondent/plaintiff) for recovery of Rs.8,40,000/-jointly and severally from the three appellants/defendants together with costs and interest pendente lite and future @ 10% per annum.

2. Notice of the appeal was issued and subject to the appellants/defendants depositing the entire decretal amount in this Court, execution was stayed. In compliance therewith, a sum of Rs.8,40,000/- only was deposited and no amount of interest pendente lite and till the date of deposit, also decreed was deposited by the appellants/defendants. However, no objection in this regard was taken by the deceased respondent. The amount deposited was ordered to be kept in a Fixed Deposit Receipt (FDR). The appeal was on 2nd March, 2006 admitted for hearing and the earlier interim order made absolute.

3. The counsels for the parties have been heard.

4. The counsel for the appellants/defendants has contended that out of the decretal amount of Rs.8,40,000/-, Rs.5,25,000/-was the principal amount and the bala




































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