KAPIL PURI Vs. RUPINDER SINGH ARORA

JUDGEMENT

(1.) This is defendant's appeal against the judgment and order dated 31 October, 2017 whereby the learned Single Judge has decreed commercial suit No.387 of 2016 being a summary suit filed by the respondent/plaintiff in the following terms:-

(2.) The claim of the respondent/plaintiff in the summary suit was based on the debit note dated 5 April, 2011 for Rs.4.50 Crores read with settlement agreement dated 27 September, 2013. The respondent had earlier moved summons for judgment No.33 of 2016 seeking a summary decree. The same was opposed by the appellant/defendant by filing a reply. The learned single Judge considering the defence put up by the appellant, passed an order dated 27 September, 2016 on the summons for judgment holding that the defence as raised by the appellant was sham and a moonshine. The learned Judge observed that though the respondent would be entitled to a judgment, leave to defend be granted to the appellant on the appellant depositing with the Prothonotary and Senior Master, the amount of Rs.4.50 Crores within six weeks from the date of the said order. On the objection as raised by the appellant in regard to the settlement agreement dated 27 September, 2013 between the parties not being adequately stamped, the learned single Judge directed that the document be impounded. The said direction as contended in paragraph 18 of the said order reads thus:-

(3.) It is not in dispute that the appellant did not deposit the said amount of Rs.4.50 Crores as directed by the learned single Judge in the said order passed on the summons for judgment. The appellant however, had filed an intracourt appeal (commercial appeal No.39 of 2017). By an order dated 16 November, 2017, the appellate bench permitted the appellant to withdraw the said appeal, as during the pendency of the appeal the suit itself was disposed of by the impugned order. The appellate bench however reserved the appellant's right to assail both the orders namely the order passed by the learned single Judge on the summons for judgment and the impugned order. Accordingly this appeal.