Order On Board

21/2/2024 Heard on IA No.2/2024 – Application for condonation of delay.

On due consideration, delay of 15 days in filing the instant revision is condoned. The matter is heard finally.

1. This Revision has been filed the defendant No.1 being aggrieved with the order dated 21.09.2023 passed by the Seventh Additional District Judge, Raipur (CG) in Civil Suit No.18-B/2018, whereby, the application preferred by him under Order 7 Rule 11 of the CPC, was dismissed.

2. Brief facts of the case is that respondents No.1 to 3/plaintiffs filed a civil suit for recovery of money on the allegations that defendant No.1/applicant borrowed loan from them on two occasions i.e. Rs.40 Lacs on 21.05.2013 and Rs.40 Lacs on 26.06.2013 and, in aggregate, Rs.80 Lacs. On the said amount 18 % compound interest was also agreed, to be paid between the parties, which shall be liable to be paid yearly and before 31st March. The defendant/applicant paid 10 % TDS amount of the total interest part and also showed the same to his income tax return. On 31.03.2017, the defendant-Firm in the same pattern deposited the TDS amount @ 10 % i.e. Rs.1,94,435/- and further deposited Rs.51,868/- in the plaintiffs’ ac