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2022 Supreme(Del) 1767

AMIT BANSAL
Manju Aggarwal – Appellant
Versus
Prayag Polytech Private Limited – Respondent


Advocates appeared:
Mr. Preet Pal Singh, Mr. Saurabh Sharma, Mr. Shivam Sachdeva & Mr. Madhukar Pandey, Advocates., for the Plaintiff; Mr. Mohit Chaudhary, Mr. Kunal Sachdeva & Ms. Sanyukta Gupta, Advocates., for the Defendants No. 2, 4 & 5; Mr. Vipul Ganda & Ms. Amodini Raina, Advocates., for the Defendants No. 1, 3, 6 & 7

JUDGMENT

I.A. 1304/2021 (of the defendant no.4 u/O- XXXVII R-3(5) of CPC), I.A. 1305/2021 (of the defendant no.5 u/O- XXXVII R-3(5) of CPC), I.A. 1308/2021 (of the defendant no.2 u/O- XXXVII R-3(5) of CPC), I.A 1324/2021 (of the defendant no.7 u/O- XXXVII R-3(5) of CPC), I.A. 1325/2021 (of the defendant no.6 u/O- XXXVII R-3(5) of CPC), I.A. 1326/2021 (of the defendant no.3 u/O- XXXVII R-3(5) of CPC) & I.A. 1963/2021 (of the defendant no.1 u/O- XXXVII R-3(5) of CPC)

1. The present suit was filed on behalf of the plaintiff as a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) seeking recovery of Rs.3,31,00,000/- along with pendente lite and future interest @24% per annum till the realisation of the amount in full.

2. In the plaint, it has been pleaded that:-

    I. The defendants no.2 and 3 are the brothers of the plaintiff and the defendants no.4 and 5 are the sons of the defendant no.2 and the defendants no.6 and 7 are the sons of the defendant no.3. Defendant no.1 is a company incorporated under the Companies Act, 2013 having its registered office in Alwar, Rajasthan.

    II. Between 1995 and 2010, the plaintiff advanced loans to the defendants nos. 1 to 7 for a total

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