RAJ YAMAHA Vs. RAJKUMAR

JUDGEMENT

(1.) Aggrieved over the order dated 10.03.2020 in Application No.8907 of 2019, passed by the learned Master, the present application has been preferred before this Court.

(2.) The defendants 1 and 2 in Civil Suit No.491 of 2019, are the applicants herein. Initially, the respondent / plaintiff in this application has filed this suit against the applicants / defendants in C.S.No.491 of 2019, for a recovery of Rs.4,59,50,225/- together with interest at 24% per annum, on the principal sum of Rs.4,18,00,000/- from the date of plaint to till the date of realisation, alleging that the cheques pertaining to the suit, issued by the applicants/defendants in his favour, was return unpaid. Further, it was alleged on behalf of the respondent/plaintiff that the said cheques issued in his favour, were only to discharge their liability, which had arisen due to the purchase of showroom.

(3.) The said suit has been filed under Order XIV Rule 1 of Original Side Rules read with Order XXXVII Rule 1 of Civil Procedure Code. After filing the suit, in order to comply with the provisions narrated in the Order XXXVII Rule 1 of Civil Procedure Code, the applicants herein filed an application before the learned Master in A.No.8907 of 2019, seeking the relief to grant leave for defend the suit in C.S.No.491 of 2019.