HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
C.M. Appl. No. 35925/2016 (for exemption)
Exemption allowed subject to just exceptions.
C.M. stands disposed of.
RSA No. 290/2016 and C.M. Appl. No.35924/2016 (for stay under Section
1. This Regular Second Appeal under Section 100 of the Code of Civil
Procedure, 1908 (CPC) is filed against the concurrent Judgments of the courts
below; of the Trial Court dated 6.6.2016 and the First Appellate Court dated
23.7.2016; by which the leave to defend application filed by the
RSA No. 290/2016 Page 1 of 7
appellant/defendant in a suit for recovery of Rs.2,10,000/- with interest and
costs was dismissed. The suit under Order XXXVII CPC was filed by pleading
grant of a loan by respondent/plaintiff to the appellant/defendant of an amount
of Rs.1,50,000/- by cheque. The appellant/defendant for repayment issued
cheque no. 000046 dated 5.5.2015 of Rs.1,50,000/- in favour of the plaintiff
which was dishonoured and therefore the subject suit came to be filed under
Order XXXVII CPC on the basis of the dishonoured cheque along with interest.
I note that while dismissing the leave to defendant application of the
appellant/defendant, the courts below have decreed the suit not for
Rs.2,10,000/- but only for Rs.1,50,000/- with pendente lite and future interest at
the rate of 9% per annum, i.e pre-suit interest was not granted on the amount of
Rs.1,50,000 on account of no documents being filed to prove the entitlement to
Source: Indian Kanoon