RAMESH AHUJA & ANR Vs. JASWANT RAI BATRA

JUDGEMENT

(1.) The present appeals are against the impugned order dated 29th September, 2016 and judgment dated 17th November, 2016, by which, initially conditional leave was granted and upon the non-compliance of the condition, the suit of the Plaintiff was decreed. Order dated 29th September, 2016, passed by the Trial Court by which conditional leave was granted to the Appellant/Defendant (hereinafter referred to as Defendant), in the following terms: -

(2.) Briefly stated, the Respondents/Plaintiffs (hereinafter Plaintiff) filed the present suit for recovery of a sum of Rs. 6,00,000/- (Rupees Six Lakhs) against the Defendant. It is the case of the Plaintiff that the amount of Rs. 6,00,000/- (Rupees Six Lakhs) was extended as a friendly loan. However, the Defendant failed to repay the said loan despite repeated demands and finally two post dated cheques were issued by the Defendant both dated 25th November, 2014 for Rs. 1,00,000/- (Rupees One Lakh) each. The cheques were presented by the Plaintiff but the same were returned as the Defendant had closed the bank accounts. The Plaintiff had also preferred a complaint under Section 138 of the Negotiable Instruments Act, 1881 which is still stated to be pending. In the meantime, the Plaintiff learnt that the Defendant is likely to dispose of immovable property as described in paragraph 14 because of which the present suit under Order 37 was filed.

(3.) The Defendant filed an application for leave to defend on various grounds including the ground that the suit raises trivial issues and he is, therefore, entitled to unconditional leave to defend. The said leave to defend application came to be disposed of by order dated 29th September 2016 by which conditional leave was granted as extracted above. The Defendant failed to comply with the conditions imposed by the Court, which thereafter led to the decree being passed in favour of the Plaintiff vide judgment dated 17th November, 2016.