S.S. THAPAR Vs. L.R VERMA

JUDGEMENT

(1.) This appeal is preferred by the appellant/defendant against the judgment and decree dated 16.08.2019 passed by the learned Additional District Judge-06/South-East District, Saket Courts, New Delhi (hereinafter referred as the learned 'Trial Court') in CS No.10039/2016 whereby the suit of the respondent/plaintiff filed under Order XXXVII CPC for recovery of Rs.85.00 lac was decreed for Rs.74.00 lac on failure of the appellant to deposit the amount in learned Trial Court as ordered while allowing the leave to defend application of appellant.

(2.) The brief facts are:- a)the respondent filed summary suit for money recovery under Order XXXVII CPC on the ground the appellant and his son Pankaj Thapar (who generally resides in United Kingdom) had approached the respondent and represented the appellant was running an export business of Indian garments under the name and style of M/s.AAA Overseas Handicrafts/AAA Handicrafts Overseas - a proprietorship firm which exports garments to Pankaj Thapar at England, who retail such garments in England;

(3.) An application for leave to defend was filed by the appellant wherein the appellant alleged the respondent had given surety for the appellant for some bank loan transaction and had given title deeds of his house and when the appellant could not repay the loan, the respondent paid Rs.10.00 lac to the bank to clear the loan of the appellant and got signed from him various documents, including subject cheques etc, which the respondent has now misused.