SANTOSH UPADHAYAY Vs. AMARJEET

JUDGEMENT

(1.) Cm No.7503/2018 (condonation of delay in filing) & CM No. 7504/2018 (delay in re-filing)

(2.) The facts of the case are that the respondent/plaintiff filed the subject suit for recovery of the loan amount of Rs.7 lacs given to the appellant/defendant and which was secured by the appellant/defendant by a cheque bearing no. 069288 drawn in the name of Bank of Maharashtra as also a written document dated 15.5.2015 acknowledging the factum of receipt by the appellant/defendant of a loan of Rs.7 lacs. Since the cheque given by the appellant/defendant in favour of the respondent/plaintiff was dishonoured on payment, hence, the subject suit was filed after serving a legal notice dated 18.4.2016 and which was replied to by the appellant/defendant vide his reply dated 28.4.2016.

(3.) The trial court has dismissed the leave to defend application by arriving at the following conclusions:-