Shailendra Garg vs K-7 Impex Pvt. Ltd. on 16 November, 2016

2. Highlighting, that to invoke Order XXXVII of the Code of Civil

RFA (OS) No.31/2016 Page 1 of 13
Procedure, the claim has been founded on the plea that loan in sum of `2.2
crores was given by the respondent to the appellant, in tranches, and for
which not only receipts were executed acknowledging receipt of the amount
but even promissory notes and cheques were executed as collateral
securities. In the promissory notes it has been recorded that the sum
mentioned therein would be paid with interest @ of 36% per annum. Thus,
two documents on which the suit could be brought within Order XXXVII of
the Code of Civil Procedure have been specifically referred to. As per the
plaint, the respondent, a company registered under the Companies Act, of
which Kamal Bajaj is a Director, had at the asking of the appellant, stated to
be a known friend of Kamal Bajaj, advanced by way of loan a sum of `2.2
crores to him as under:-

Source: Indian Kanoon

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