RAMPAT Vs. VERSATILE COMMOTRADE PVT. LTD.

JUDGEMENT

(1.) This appeal is preferred by the appellants/defendants against the judgment and decree dated 08.05.2019 passed by the learned Additional District Judge-03/South-West District, Dwarka Courts, Delhi (hereinafter referred as the learned 'Trial Court') in CS No.17091/2016 whereby the suit of the respondent for recovery of Rs.70.00 lac under Order XXXVII CPC was decreed with pendentelite and future interest @ 9% pa while dismissing the leave to defend application of appellants.

(2.) The respondent filed this Civil Suit under Order XXXVII CPC for recovery of Rs.70.00 lac with interest etc on following grounds:-

(3.) In this appeal, the learned counsel for the appellant has, primarily, raised two contentions viz a) per clause No.5 of the ATS, the agreement could not have been terminated by the respondent as in the event of nonissuance of NOC the agreement need to be extended till the NOC was obtained; and b) the suit under Order XXXVII CPC is not maintainable as there is no debt and the suit is essentially based on the loss suffered by the respondent in this transaction but has been filed without detailing such loss(es).