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2023 Supreme(Del) 4858

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Varun Maurya – Appellant
Versus
Sumit Chauhan – Respondent


Advocates appeared:
Mr. T.M. Shivakumar, Mr. S.V. Rateria & Ms. Priyanka Singh, Advocates, for the Appellant.
None, for the Respondent.

JUDGMENT (Oral)

1. The present Appeal under Section 13 of the Commercial Courts Act, 2015 read with Order XLIII and Section 104 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908") has been filed against the Order dated 30.11.2022 passed in CS (COMM) 427/2022 titled "Varun Maurya vs. Sumit Chauhan" by the District Judge, (Commercial), (Digital) 07/South East-Saket Courts, Delhi, wherein the appellant/Varun Maurya sought a recovery of Rs. 1,42,34,756/- along with interest @ 18% per annum under Order XXXVII of CPC from the respondent/Sumit Chauhan.

2. The defendant/respondent was served on 15.06.2022 through his mother but he did not put appearance.

3. Learned counsel for the plaintiff/appellant submitted that the plaintiff/appellant is entitled to a judgment in his favour immediately.

4. Learned District Judge in the impugned Order dated 30.11.2022 observed that the claim of the plaintiff/appellant was based on a registered Lease Deed dated 05.10.2020 vide which the defendant/respondent was given four shops at Grandley Cinema Building (now known as Indian Mall), New Friends Colony, Delhi for a period of nine years on a monthly rent with GST of Rs. 3,54,0

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