IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
M/S SURGE INDUSTRIES LTD AND ORS. – Appellant
Versus
KAMAL GUPTA AND ANR – Respondent
1. The present Regular First Appeal, under Section 96 of the Civil Procedure Code , 19081, read with Section 10 of the Delhi High Court Act , 1996, has been filed assailing the Judgement and Decree dated 29.05.20252 passed by the learned Single Judge. By the said judgment, the learned Single Judge allowed I.A. No. 12254/2025 in CS(OS) 694/2024, filed by the Respondents herein3 under Order XXXVII Rule 3(6)(b) of the CPC, and consequently decreed the suit in their favour against the Appellants herein4.
2. By way of the Impugned Judgment, the learned Single Judge decreed the suit in favour of the Plaintiffs for a sum of Rs. 3,17,18,750/- along with interest at the rate of 6% per annum on the decretal amount, payable until realization.
3. At the outset, it is apposite to note that vide Judgment dated 07.01.2025, the learned Single Judge, while adjudicating I.A. No. 41946/2024 filed by the Defendants under Order XXXVII Rule 3(5) of the CPC seeking leave to defend, granted conditional leave to defend. The said leave was granted subject to the Defendants furnishing security to the extent of Rs. 2 Crores, either by way of movable property, immovable property, o
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