SURENDER KUMAR Vs. MANOJ KUMAR

JUDGEMENT

(1.) This hearing has been done by video conferencing.

(2.) The present petition challenges the order dated 18 th August, 2020 by which the suit under Order XXXVII Rule 3(5) CPC filed by the Plaintiff/Petitioner (hereinafter 'Plaintiff') has been converted into an ordinary suit and unconditional leave to defend has been granted to the Defendant/Respondent (hereinafter 'Defendant').

(3.) The brief background is that the Plaintiff filed a summary suit under Order XXXVII CPC for recovery of a sum of Rs.21 lakhs along with interest. The case of the Plaintiff is that the Plaintiff gave a loan to the Defendant to the tune of Rs.21 lakhs, which was transferred from the bank account of the Plaintiff in Bank of Baroda to the bank account of the Defendant's firm i.e., MK Clothing, in HDFC Bank, Priyadarshini Vihar, Delhi. The payment of Rs.21 lakhs and receipt thereof on 8th August, 2015 is not disputed by the Defendant. According to the Plaintiff, the Defendant bought a Mercedes car by using the amount given by the Plaintiff. The Plaintiff repeatedly sought repayment of the amount, which was not done. Hence, the suit for recovery was filed.