SHEKHAR ANAND Vs. SUMAN KHURANA

JUDGEMENT

(1.) C.M. Appl. No. 5206/2018 (for exemption)

(2.) This Regular First Appeal is filed by the appellants/defendants under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugning the judgment of the trial court dated 23.11.2017 by which trial court has dismissed the leave to defend application filed by the appellants/defendants and has decreed the suit filed under Order XXXVII CPC for recovery of Rs.16,00,000/- given as a friendly loan.

(3.) The facts of the case are that respondent/plaintiff filed the subject suit pleading that he had granted friendly loan of Rs. 16 lacs to the appellants/defendants and with respect to which a loan agreement dated 23.1.2015 was signed by the appellant no. 1/defendant no. 1 for himself and on behalf of appellant nos. 2 and 3/defendant nos. 2 and 3. To secure the loan, three cheques of Rs.6,50,000/-, 6,50,000/- and Rs.3,00,000/- were given of the appellant no. 1/defendant no.1 bearing Nos. 017958, 017959 and 009727, and which cheques when presented were dishonoured and hence the subject suit was filed for recovery under Order XXXVII CPC.