O R D E R (ORAL)

% 20.08.2018 ANU MALHOTRA, J. CM APPL. 33415/2018

1. Exemption allowed subject to all just exceptions.

2. The application is disposed of.

CM(M) 958/2018

3. Submissions made on behalf of the petitioner.

4. The petitioner assails the impugned order dated 23.01.2018 of the Trial Court of the learned ADJ-06, Central, Delhi in CS No.

12873/16 vide which the application under Order VI Rule 17 CPC filed by the plaintiff seeking permission to amend the plaint was disallowed with the matter having been renotified for arguments on the maintainability of the suit.

5. The plaint instituted on behalf of the plaintiff i.e. the present petitioner was a Suit for the recovery of Rs.25 lakhs alongwith pendentelite and future interest @ 24% against the defendant to the said suit, arrayed as the respondent to the present petition. The plaintiff’s submissions in the said plaint are categorically detailed in the paras 3, 4, 5, 6, 7 8 & 9, which are to the effect :-

“3. That the defendant had approached to the plaintiff for a friendly loan of Rs. 25,00,000/- through RTGS on 16/06/2013 drawn on HDFC Bank, Delhi and assured the plaintiff to refund the same- as soon, as possible to the plaintiff.

4.