COSMOS BUILDERS PROMOTERS PRIVATE LIMITED Vs. RAJESH AHUJA

JUDGEMENT

(1.) Admit.

(2.) These two appeals have been preferred against the order dated 1.9.95, -passed by the learned Single Judge whereby learned Single Judge. dismissed the application (I.A. 5113/93) under Order 37 Rule 3(5) of the Code of Civil Procedure, filed by the appellants in Suit No. 309/93, seeking leave to contest the suit. Learned Single Judge held that no triable issues were involved and contentions raised in defence were frivolous. As a consequence of dismissal of IA. 5113/93, the suit was decreed against the appellants for a sum of Rs. 18,97,093.85, which included the principal amount of Rs. 16,93,867.70 and interest amounting to Rs. 2,03,226.15 @ 18% instead of 24%. Learned Single Judge granted future interest @ 18% on the principal amount of Rs. 16,93,867.70 from the date of suit. Aggrieved by the rejection of their leave to contest, the appellants have preferred the above appeals.

(3.) FAO (OS) 292/95 is preferred by M/s. Cosmos Builders and Promoters (P) Ltd. while FAO (OS) 293/95 is preferred by Sh. Manoj Mittal, wherein M/s. Cosmos Builders and Promoters (P) Ltd. have been impleaded as a proforma respondent. Let us briefly notice the relevant facts giving rise to the present appeals :