DINESH BANSAL Vs. OM KUMAR

JUDGEMENT

(1.) THIS Appeal lays a challenge to the Order dated 20. 10. 2009 passed by the learned Single Judge granting the Appellant Leave to Defend the Summary Suit for the recovery of Rupees 59,85,000/- together with pendente lite and future interest conditional on the Appellant/defendant depositing a sum of Rupees 30,00,000/ -.

(2.) FROM a reading of the Plaint, it appears that the Appellant/defendant had approached the Plaintiff for purchasing two floors of the property, namely, G-115, Saket, New Delhi which was the subject matter of a previously failed Sale Agreement. The sale consideration was Rupees 50,00,000/ -. It is alleged that on the ruse of purchasing the Stamp Paper, the defendant persuaded the Plaintiff to give the Defendant a loan of Rupees 5,00,000/- in cash. This amount was allegedly paid from the sum of Rupees 13,00,000/- already received by the Plaintiff from the earlier buyer. The sale transaction was completed and the Defendant paid to the Plaintiff the sum of rupees 50,00,000/- by five cheques of Rupees 10,00,000 each.

(3.) IT appears that there was also an Agreement that the Defendant would purchase most of the household items, refrigerators, air-conditioners and other expensive electronic items belonging to the Plaintiff, for a sum of Rupees 10,00,000/ -.