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2017 Supreme(Del) 4043

VALMIKI J.MEHTA
Gautam Seth – Appellant
Versus
Jaiveer Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. Ajay Kohli and Mr. R.K. Singla, Advocates

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. Appl. Nos. 33243-44/2017 (for exemptions)

Exemptions allowed, subject to all just exceptions.

The applications stand disposed of.

C.M. Appl. No. 33245/2017 (for condonation of delay in re-filing the appeal)

Delay of 73 days in re-filing of the appeal stands condoned.

C.M. stands disposed of.

RFA No. 783/2017

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff impugning the judgment of the trial court dated 22.2.2017 dismissing the suit for recovery of Rs.11,00,000/- filed by the appellant/plaintiff along with the claim of interest. The relief clauses of the plaint read as under:-

“(A) A decree for the recovery of Rs.23,46,582/- (principal Rs.11,00,000/- plus interest Rs.12,46,582/- simple interest @ Rs.24% per annum w.e.f. 5.12.2007 to 17.05.2012 along with pendent lite & future interest till realisation of money

(B) A decree for Allow the suit with all costs.

(C) Any other relief which this Hon’ble court deems fit and proper may also be granted to the plaintiff concern.”

2. The rel










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