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2023 Supreme(Del) 5180

PRATEEK JALAN
Oxbridge Associates Limited – Appellant
Versus
Atul Kumra – Respondent


Advocates appeared:
Mr. Jayant Mehta, Senior Advocate with Mr. Sumeet Lal, Mr. Sidhant Kapoor, Mr. Nikhil Lal, Ms. Nikita Sethi, Advocates, for the Plaintiff.
Mr. Rajiv Talwar, with Mr. Diwakar Singh, Advocate, for the Review Petitioner.

JUDGMENT

REVIEW PET. 20/2021 in CS(OS) 3148/2015.

1. The defendant in the captioned suit seeks review of a judgment dated 21.10.2019, by which I.A. 1385/2017 filed by the plaintiff under Order XIII-A of the Code of Civil Procedure, 1908 [hereinafter, "CPC"], read with Order XII Rule 6 of the CPC, was allowed, and the suit was consequently decreed.

Background:

2. By the judgment under review, the submissions of the plaintiff, both under Order XIII-A of the CPC, and Order XII Rule 6 thereof were accepted.

3. As far as summary judgment is concerned, a decree was passed in the following terms:

    "23. Consequently, the plaintiff is granted summary judgment under Order XIII-A of the CPC in the following sums:

    a) Rs.87,18,849.65/- alongwith interest @ 9% per annum from 24.04.2015 (date of cancellation of PC 205) until 29.09.2015 (date of filing of the suit).

    b) Rs.56,07,504.53/- alongwith interest @ 9% per annum from 22.05.2015 (date of cancellation of PO 213) to 29.09.2015 (date of filing of the suit).

    c) pendente lite interest on the above amount @ 9% per annum.

    d) Further interest @ 9% per annum from the date of decree until realization."

4. The plaintiff's alternative claim under Order XII

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