RENU AGGARWAL & ANR Vs. BALDEV RAJ SACHDEVA

JUDGEMENT

(1.) Rfa No.474/2017 has been preferred against the judgment and decree [dated 15th February, 2017 in CS No.57755/2016 of the Court of the Additional District Judge-I (North)] of dismissal of application of the appellants/defendants for leave to defend the suit filed by the respondent/plaintiff under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.21,84,400/-, comprising of principal amount of Rs.12,70,000/- and interest till the date of institution of the suit of Rs.9,14,400/-, along with future interest @ 1.5% per month till the date of realisation. Resultantly the suit of the respondent/plaintiff has been allowed for recovery of Rs.12,70,000/- but with interest w.e.f. 1st May, 2008 i.e. the date from which the interest was claimed in the suit but @ 10% per annum till the date of realisation instead of @ 1.5% per month as claimed in the suit.

(2.) Rsa No.30/2018 has been preferred against the judgment and decree [dated 24th January, 2018 in RCA No.50/2017 (CNR No.DLNW010053662017) of the Court of the Additional District Judge-3 (North-West)] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellants against the judgment and decree [dated 2nd May, 2017 in CS No.59904/16 of the Court of the Additional Senior Civil Judge (North-West)] of dismissal of application filed by the appellants/defendants for leave to defend the suit under Order XXXVII of the CPC for recovery of Rs.2,36,000/- with interest at 2% per month and resultantly allowing the suit of the respondent/plaintiff to recover Rs.2,00,000/- with interest at 9% per annum from 1st October, 2008 i.e. from the date when the interest was claimed in the suit till the date of realisation.

(3.) Rfa No.474/2017 came up first before this Court on 8th May, 2017 when the counsel for the respondent/plaintiff/decree holder appeared on caveat and accepted notice of the appeal. Vide order dated 21st August, 2017, execution of the money decree was stayed subject to the appellants/defendants/judgment debtors depositing the decretal amount in this Court by 22nd September, 2017. The appellants/defendants/judgment debtors preferred Special Leave Petition (C) No.25411/2017 to the Supreme Court against the order dated 21st August, 2017 and the Supreme Court vide order dated 22nd September, 2017, while issuing notice of the said SLP, stayed the operation of the order dated 21st August, 2017. The said SLP is stated to be still pending and the interim order therein still in operation. However the same does not come in the way of hearing of this appeal which is otherwise ripe for hearing and in which the Suit Court record has been received.