IA No.10525/2014 (for leave to defend)

1. This is an application under Order 37 Rule 3 (5) of the CPC seeking leave to defend the suit. The plaintiff has filed the present suit for recovery of Rs.59,85,000/-. It is averred in the plaint that the defendant is well known and acquainted with the plaintiff having business association with her husband. The plaintiff agreed to give a “dasti” loan of Rs.45 lacs to the defendant on 20.01.2011. The defendant acknowledged having received the said sum of Rs.45 lacs in cash vide receipt dated 20.01.2011. The defendant is stated to have handed over an original signed receipt to the plaintiff with two cheques dated 1.2.2012 for Rs.22,00,000/- and Rs.23,00,000/- respectively drawn on Corporation Bank, Noida to enable the plaintiff to realise the sum on the stipulated date. Based on these documents the present suit is filed under Order 37 CPC. Interest @ 12% per annum w.e.f. 21.01.2011 till date of filing of the suit is also sought.

2. In the application filed for leave to defend the defendant has raised the following defences:-

(a) It is averred that this Court lacks territorial jurisdiction as the receipt relied upon by the plaintiff