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VIBHU BAKHRU, AMIT MAHAJAN
Brijesh Kumar Agarwal – Appellant
Versus
IFCI Factors Limited – Respondent
JUDGMENT
Vibhu Bakhru, J. The appellants have filed the present intra-court appeal under Section 13 of the Commercial Courts Act, 2015 impugning a judgment dated 05.09.2019 (hereafter `the impugned judgment') passed by the learned Single Judge, whereby the suit filed by respondent no.1 (hereafter `IFL'), being CS(COMM) 1265/2016, was decreed against the appellants, who were arrayed as defendant nos. 2 to 5 in the suit.
2. IFL (IFCI Factors Limited) had filed the aforementioned suit [CS(COMM) 1265/2016] as a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 (hereafter `the CPC'), inter alia, claiming a decree for a sum of Rs.4,78,37,930.22/- (Four Crore Seventy Eight Lakh Thirty Seven Thousand Nine Hundred Thirty Rupees And Twenty Two Paise Only) along with pendente lite and future interest at the rate of 13.75% per annum as well as costs towards the counsel's fee assessed at Rs.1,50,000 (One Lakh Fifty Thousand Rupees Only), against the appellants and respondent no.2, who were arrayed as defendants in the suit.
3. In its plaint, IFL claimed that it is a Government of India Undertaking and a Non-Banking Finance Company incorporated under the Companies Act, 1956.
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