Valmiki J. Mehta, J.

C.M. No.42741/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. No.42742/2017 (for condonation of delay)

2. For the reasons stated in the application, delay of 129 days in filing the appeal is condoned.

C.M. stands disposed of.

RFA No.981/2017 and C.M. No.42743/2017 (stay)

3. This Regular First Appeal is filed under Section 96 of Code of Civil Procedure, 1908 (CPC) impugning the judgment of the Trial Court dated 24.3.2017 by which the trial court has dismissed the leave to defend application filed by the appellant/defendant and decreed the suit for a sum of Rs.12 lacs along with interest at 9% per annum simple. The suit was filed under Order XXXVII CPC on the basis of the dishonoured cheque for an amount of Rs.12 lacs.

4. The facts of the case as pleaded by the respondent/plaintiff are that the respondent/plaintiff gave a loan of Rs.10 lacs to the appellant/defendant in terms of cheque no.058063 drawn on State Bank of India, Greater Kailash-II Branch, New Delhi and which cheque was encashed on 10.11.2008. To secure the loan amount the appellant/defendant had executed a promissory note and receipt on 7.11.2008. The