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2024 Supreme(Del) 258

CHANDRA DHARI SINGH
Aparna Choudhrie Kala – Appellant
Versus
Vaibhav Kala – Respondent


Advocates appeared:
M. Ashish Dholakia, Mr. Rohan Chawla and Mr. Harshit Joshi, Advocates, for the Petitioner.
Mr. Manish Sharma and Mr. Vijay Kaundal and Ms. Nandini Aishwarya, Advocates, for the Respondent.

Table of Content
1. the context and facts forming the basis of the recovery claim. (Para 1 , 2 , 3)
2. arguments presented by the petitioner challenging the leave to defend. (Para 11 , 12 , 18)
3. response from the respondent justifying the need for leave to defend. (Para 30 , 34)
4. judicial reasoning and findings supporting the trial court's discretion. (Para 73 , 74 , 91)

JUDGMENT

Chandra Dhari Singh, J.

1. The instant civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter "CPC") has been filed on behalf of the petitioner seeking the following reliefs:

    "1. Allow the present petition and set aside the order dated 22.04.2022 passed in in CS No. 352/2020 titled Aparna Choudhrie Kala v. Vaibhav Kala . by the Additional District Judge- 04, South East, Saket Courts, New Delhi;

    2. Issue a decree in favour of the Petitioner and against the Respondent directing the Respondent to pay the Petitioner an amount of Rs 70,32,959/-;

    3. Award interest at the rate of 18% per annum to the Petitioner on the amount of Rs 70,32,959/- from 31.07.2020 till the date of repayment;

    4. Award costs of the suit in favour of the Petitioner and against the Respondent; Pass any oth

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