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2023 Supreme(Del) 5894

PRATEEK JALAN
Navjot Singh – Appellant
Versus
Alexander Das – Respondent


Advocates appeared:
Mr. Mohan Lal Sharma, Advocate, for the Appellant.
Mr. Mimansak Bhardwaj, Mr. Pintoo Thakur & Mr. Sunny Chhonkar, Advocates, for the Respondent.

JUDGMENT

1. This appeal, under Section 96 of the Code of Civil Procedure, 1908 ["the CPC"], has been filed by the appellant [defendant before the learned Trial Court], against a judgment and decree dated 11.04.2022 in CS DJ 1109/2018 ["impugned judgment"]. By the impugned judgment, the learned Trial Court has decreed a suit filed by the respondent herein, under Order XXXVII of the CPC, upon the appellant's failure to comply with the conditions upon which leave to defend was granted.

2. The respondent filed the suit before the learned Additional District Judge-01, (South East) District, Saket Courts, New Delhi on 17.07.2018 for recovery of a sum of Rs.6,00,000/-, with pendente lite and future interest at the rate of 18% p.a. from the date of filing of the suit till realization and costs[Re: Amendment of plaint].

3. The cause of action asserted in the suit was that the appellant had approached the respondent for a loan, and the respondent had lent and advanced a sum of Rs.6,00,000/- to the appellant in March 2017. The loan was to be repaid within 9 months. The appellant issued a post-dated cheque (cheque No. 444859) dated 08.12.2017, drawn on Punjab National Bank, Branch-Alaknanda, Kalk

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