AMANPREET KOHLI Vs. PANKAJ DAYAL

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present is a suit for recovery of a sum of Rs.4,21,00,000.00 as principal amount and Rs.1.10 crores approximately as interest and further interest pendente lite. In the suit, an application under Order XIIIA CPC seeking summary judgment was filed. This application was disposed of vide a detailed judgment dtd. 27/3/2023. The relevant portions of the said judgment read as under:

(3.) As can be seen from the above judgment, the Court directed the Defendant to deposit a sum of Rs.4.50 crores as a condition for raising its defence, in terms of Order XIIIA Rule 7 CPC. This judgment came to be challenged before the ld. Division Bench in FAO(OS)(COMM) 85/2023. The ld. Division Bench of this Court had dismissed the appeal vide order dtd. 18/1/2024 as being not maintainable. The said order reads as under: