YASH CHHABRA Vs. MAYA JAIN

JUDGEMENT

(1.) Caveat No.624/2015

(2.) The appellant was the defendant. The respondent was the plaintiff. Suit filed by the respondent under Order XXXVII of the Code of Civil Procedure has been decreed by the learned Single Judge vide impugned judgment/order/decree dated April 27, 2015 as a consequence of IA No.10525/2014 filed by the appellant under Order XXXVII Rule 3(5) of the Code of Civil Procedure praying for leave to defend to be granted being dismissed.

(3.) The suit filed by the respondent was founded on a written acknowledgement dated January 21, 2011 with two cheques as collateral security. The written acknowledgement duly signed by the appellant reads : 'Received with thanks from Mrs.Maya Jain W/o Sh.Parmod Jain, R/o E-16A, East of Kailash, New Delhi a sum of Rs. 45,00,000/- (Rupees Forty Five Lacs only) as loan against cheque No.690845 for Rs. 22,00,000/- (Rupees Twenty Two Lacs only) & Cheque No.690846 for Rs. 23,00,000/- (Rupees Twenty Three Lacs only) drawn on Corporation Bank, Noida as security. As per the plaint the appellant did not return the loan.