OM PRAKASH NIHALANI Vs. S M S THAKUR

JUDGEMENT

(1.) This appeal filed by original defendants challenges judgment and decree dated 13/2/07 passed by Learned Single Judge of this Court in Summary Suit No. 2598 of 2006.

(2.) The case of the respondent-plaintiff in short is that he advanced a total sum of Rs. 8 lakhs to the appellants-defendants as and by way of friendly loan. The appellants executed 8 promissory notes in favour of the respondent. The appellants failed and neglected to pay back the said amount. Hence the respondent filed the instant suit on the basis of the promissory notes.

(3.) It is not necessary to give the details of various orders passed by us in this appeal. Suffice it to say that since this is an appeal challenging a money decree, we asked learned Counsel for the appellants whether the appellants are willing to deposit an amount of Rs. 10 lakhs in this Court. On 21 /10/08 the appellants were present in the Court. Learned Counsel for the appellants on instructions from the appellants made a statement that the appellants undertake to deposit Rs. 10 lakhs within 6 weeks from the date of the order. Thereafter despite strong opposition from learned Counsel for the respondent, we adjourned the appeal on several occasions with a fond hope that the appellants would deposit the amount. However, the appellants failed to do so.