LALIT KUMAR Vs. NAGESHWAR PANDEY

JUDGEMENT

(1.) The present order is in continuation of a detailed order passed on 19.5.2015. The plaintiff has instituted the accompanying suit against the defendant under Order XXXVII CPC praying inter alia for recovery of a sum of Rs. 2,52,73,387/-, along with interest @ 18% p.a. on the principal amount.

(2.) On 23.12.2014, when the leave to defend application (IA No. 17101/2014) filed by the defendant was listed for arguments before the predecessor Bench, the defendant had appeared in person along with his counsel and had stated that he was willing to pay the principal amount in five installments, commencing on 1.2.2015 and ending on 1.6.2015.

(3.) In view of the aforesaid submission, counsel for the plaintiff had fairly stated that if the defendant adheres to the schedule that was suggested by him, then the plaintiff would not press for the interest and cost of the suit. It was recorded in the order dated 23.12.2014 that the defendant had agreed that in case the aforesaid amount is not paid to the plaintiff as per the schedule, then the leave to defend application filed by him will be dismissed and the suit will be decreed with costs. Thereafter, the case was adjourned to 27.7.2015, to await compliance by the defendant.