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2020 Supreme(Del) 1249

YOGESH KHANNA
Narang Shoes Pvt Ltd – Appellant
Versus
M. P. Sharma – Respondent


Advocates Appeared:
Sujata Kashyap, Advocate, Abhijat, Advocate, Shaashwat Jindal, Advocate

JUDGMENT

Yogesh Khanna, J. - This Regular First Appeal is preferred by the appellants against the judgment and decree dated 08.10.2015 passed by the learned Additional District Judge-01, Central District, Tis Hazari Courts, Delhi/ (hereinafter as the learned ''Trial Court'') in Civil Suit No.35/2015 whereby the suit filed by respondents under Order XXXVII CPC was decreed for a sum of Rs.18.00 lacs with interest @ 12% per annum while rejecting the leave to defend application of appellants.

2. The brief facts which led to filing of this appeal are the respondent No.1 was having a friendly relation with appellant No.2 for the last many years and in fact on 05.08.2011 both the appellants No.2 & 3 have taken a friendly loan of Rs.5.00 lacs from respondent No.1, which was returned by them. However, on 01.11.2011, the appellants No.2 & 3 allegedly assured the respondents to make them partners in the business of appellant No.1 and asked them to invest money for gaining profits. The respondents agreed to invest money and on 05.11.2011 gave Rs.33.00 lacs in cash to appellants No.2 & 3 at New Delhi by arranging the same from brother, relative and respondent No.2. The appellant No.2 issued a re

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