RAJIV SAHAI ENDLAW, J.

1. This appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment dated 21st October, 2008 of the Court of Sh. Rajiv Mehra, Additional District Judge (ADJ), Delhi decreeing Suit No. 51 of 2004 filed by the respondent/plaintiff against the appellant/defendant State Bank of India (SBI) in the sum of Rs. 17,19,796/- along with interest pendente lite and future till realisation of the amount at the rate of 12% per annum along with cost of the suit.

2. Notice of the appeal was issued and vide ex-parte ad-interim order dated 30th March, 2009, subject to the appellant/defendant SBI depositing the principal amount in the form of Fixed Deposit Receipt (FDR), execution of the impugned judgment and decree was stayed.

3. Thereafter, vide order dated 11th May, 2009 the appeal was admitted for hearing and Trial Court record requisitioned. On the application of the respondent/plaintiff for early hearing, vide order dated 23rd September, 2015, the appeal was taken out of the category of Regulars and ordered to be listed today for