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2023 Supreme(Del) 5313

PRATEEK JALAN
Anil Kumar Kaushik – Appellant
Versus
Rajnish – Respondent


Advocates appeared:
Mr. Kishore M. Gajaria & Mr. Aayush Paranjpe, Advocates, for the Appellant.
Mr. S.B. Pandey, Advocate, for the Respondent.

JUDGMENT

PRATEEK JALAN, J.

1. By way of this appeal, under Section 96 of the Code of Civil Procedure, 1908 [hereinafter, "CPC"], the appellant-defendant challenges a judgment and decree dated 09.10.2019, passed by the learned Trial Court in CS No. 297/2019, by which a suit filed by the respondent-plaintiff under Order XXXVII of the CPC was decreed in the sum of Rs.16 lakhs, with pendente lite interest and future interest @7% per annum and costs. The defendant also assails an order dated 11.07.2023, by which his application under Order XXXVII Rule 4 of the CPC [wrongly filed under Order IX Rule 13 of CPC] was dismissed.[The parties will be referred to in this judgment by their status in the Trial Court.]

2. The cause of action asserted by the plaintiff in the plaint was that the defendant runs a financial committee, in the course of which he was required to return certain amounts to its members. He requested the plaintiff for financial assistance. Having had cordial relations for a substantial period of time, the plaintiff gave the defendant a loan of Rs.16 lakhs on 29.08.2014, against which the defendant issued a post-dated cheque of the same amount dated 25.02.2018. At the request of

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