SAPNA Vs. SHIVESH GARG

JUDGEMENT

(1.) The appellants (wife and husband) have assailed judgment and decree dtd. 30/5/2024 of the learned District Judge, West, Tis Hazari Courts Delhi, whereby their application for leave to defend the suit filed by the present respondent under Order XXXVII CPC was dismissed. Although the appellants have also challenged order dtd. 4/10/2024 of the learned trial court whereby the application for review of order dtd. 30/5/2024 was also dismissed, but in view of the provision under Order XLIII Rule 1(w) CPC the appeal against order dtd. 4/10/2024 is not pressed by them. Having heard learned counsel for appellants and having examined the records, I find it not a fit case to even issue notice to the other side.

(2.) Briefly stated, circumstances relevant for the present purposes are that the present respondent filed a summary suit under Order XXXVII CPC seeking recovery of Rs.7,77,500.00 alongwith pendente lite and future interest at a rate of 18% per annum against the appellants, pleading that the appellants are running a jewellery shop and had cordial relations with him, so in the month of April 2020 at request of the appellants he advanced them a friendly loan of Rs.5,00,000.00 for a period of 16 months and to that effect a loan agreement dtd. 19/6/2020 also was executed between the parties; that the said loan amount consisted of Rs.4,50,000.00 transferred through NEFT by the respondent to the bank account of the appellants on 20/4/2020 and the balance amount of Rs.50,000.00 was handed over to them in cash, as recorded in the loan agreement dtd. 19/6/2020; and that at the time of execution of loan agreement, the appellants delivered a post-dated cheque of Rs.5,00,000.00 to him towards repayment of loan, which cheque got dishonoured with the remarks that the payment had been stopped by the appellants.

(3.) Hence, the present appeal.