(1.) THE appeal impugns the judgment and decree (dated 23.01.2013 of the Court of Additional District Judge (ADJ) -03, (South District), Saket Courts, New Delhi in CS No.548/2010 filed by the respondent / plaintiff for recovery of Rs.14,07,067/ - from the appellant / defendant) of recovery of Rs.14,00,000/ - from the appellant / defendant with costs and interest, consequent to the dismissal of the application under Order 37 Rule 5(3) of the CPC filed by the appellant / defendant for leave to defend the suit filed by the respondent / plaintiff under Order 37 of the CPC.
(2.) NOTICE of the appeal was issued and vide ex parte ad -interim order dated 20.03.2013, subject to the appellant / defendant depositing the decretal amount in this Court, execution was stayed.
(3.) THE appellant / defendant filed an affidavit confirming that the respondent / plaintiff still exists at the address given in the memorandum of appeal and yet further confirming intimation having been given to the respondent / plaintiff company and a copy of the order dated 07.11.2013 of the Court of Sh. Manish Khurana, Metropolitan Magistrate (North), Rohini Courts, Delhi in this regard was also filed.