CS(OS)2254/2013 Page 1 of 12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(OS) 2254/2013

MAYA JAIN

..... Plaintiff

Through:

Mr. R. K. Rathore and Mr.Vijay

Gupta, Advs.

versus

YASH CHHABRA

..... Defendant

Through:

Mr. Kush Chaturvedi, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

JAYANT NATH, J.

IA No.10525/2014 (for leave to defend)

1.

This is an application under Order 37 Rule 3 (5) of the CPC seeking

leave to defend the suit. The plaintiff has filed the present suit for recovery

of Rs.59,85,000/-. It is averred in the plaint that the defendant is well known

and acquainted with the plaintiff having business association with her

husband. The plaintiff agreed to give a “dasti” loan of Rs.45 lacs to the

defendant on 20.01.2011. The defendant acknowledged having received the

said sum of Rs.45 lacs in cash vide receipt dated 20.01.2011. The defendant

is stated to have handed over an original signed receipt to the plaintiff with

two cheques dated 1.2.2012 for Rs.22,00,000/- and Rs.23,00,000/-

respectively drawn on Corporation Bank, Noida to enable the plaintiff t