RAJIV SAHAI ENDLAW
Yogender Singh – Appellant
Versus
Kotak Mahindra Bank Ltd. – Respondent
Rajiv Sahai Endlaw, J.
1. The appeal impugns a money decree (dated 25th August, 2012 of the Court of Addl. District Judge (Central-07), Delhi in Civil Suit No.250/2010 filed by the respondent-1 Bank under Order XXXVII of the CPC) against the appellant pursuant to the order of the same date of dismissal of the application for leave to defend filed by the appellant.
2. The respondent no.1 Bank had filed the said suit against the respondents no.2&3 herein and the appellant (impleaded as defendant no.3), pleading:-
(a). that its predecessor in interest had disbursed commercial vehicle loan to the respondent no.2 Sh. Pratap Singh (defendant No.1 in the suit) and the respondent no.3 Sh. Sohan Singh (impleaded as defendant No.2) was the co-borrower and the appellant/defendant no.3 the guarantor in the said Contract/Agreement;
(b). that the appellant/defendant no.3 and the respondents no.2 & 3 failed to adhere to the financial discipline and committed default in regular repayment of the loan by way of equated monthly installments;
(c) that the predecessor of the respondent no.1 Bank accordingly in accordance with the Agreement recalled the loan but the appellant/defendant no.3 and the
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