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IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav
Rama Luthra, W/O Late Mr.. H.C. Luthra – Appellant
Versus
Deepali Malik, W/O Late Mr. Surender Malik – Respondent
| Table of Content |
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| 1. final order including conditions for the defendants. (Para 60) |
JUDGMENT :
Purushaindra Kumar Kaurav, J.
I.A. 33665/2024 (By D-1 and 2 under Order XXXVII Rule 3(5)- for grant of unconditional leave to defend to D-1 to 5)
The instant application has been filed on behalf of the Defendants seeking leave to defend the present suit.
Brief facts
2 As per the plaint, the facts manifest that in August 2021, the Plaintiff was approached by one late Mr. Surender Malik, who requested a short-term financial loan of Rs. 5,00,00,000. Pursuant to the said request, on 18.08.2021, the parties entered into a formal Loan Agreement dated 18.08.2021, whereby the Plaintiff advanced the aforesaid sum, to late Mr. Malik, carrying an agreed interest @ 12% per annum, for a fixed tenure of one year commencing from 18.08.2021 and ending on 17.08.2022.
3 The contractual stipulation required that monthly interest payments be made by the 7th day of each succeeding month through RTGS, NEFT, or IMPS. The loan was disbursed through two cheques, aggregating to the principal sum of Rs. 5,00,00,000, and the same was duly secured by a Demand Promissory Note of even date executed by late Mr. Malik in favour o
Conditional leave to defend is granted in summary suits when substantial triable issues exist, ensuring both the plaintiff's claim is safeguarded and the defendants have opportunity to substantiate t....
A defendant in a summary suit is entitled to leave to defend if they raise plausible triable issues, even if the defense is not strong.
In a summary suit, if defendant discloses such facts of a prima facie fair and reasonable defence, court may grant unconditional leave to defend.
The court held that leave to defend in summary suits should be granted if the defendant raises a genuine triable issue, emphasizing the importance of judicial examination over procedural expediency.
A defendant raising a triable issue is entitled to unconditional leave to defend in a summary suit, and courts should avoid imposing harsh conditions that may hinder the defendant's ability to contes....
Point of Law - Court has considered the issue and confirmed the order passed by the learned trial court granting the application for leave to defend conditionally. All the rights and contentions of t....
A defendant in a summary suit is entitled to conditional leave to defend if they raise triable issues regarding the legitimacy of debt confirmation documents, despite admitting to signatures.
(1) Summary suit (Money suit) – Generally, prayer for leave to defend is to be denied in such cases where defendant has practically no defence and is unable to give out even a semblance of triable is....
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