JONEY vs HEMANT VERMA

Judgment text excerpt

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11.02.2025 + RFA 125/2025, CM APPL. 8180/2025 & 8179/2025 JONEY .....Appellant Through: Mr. Manish Awasthi, Advocate versus HEMANT VERMA .....Respondent Through: None CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The appellant has assailed judgment and decree dated 07.02.2023 passed by the learned Trial Court, whereby the suit of the respondent under Order XXXVII CPC was decreed for the reason that the appellant failed to file an application for leave to defend. The appellant has also assailed order dated 03.04.2024 of the learned Trial Court whereby the application under Order XXXVII Rule 4 CPC filed by the appellant was dismissed. Having heard learned counsel for appellant and having examined the record, I find no reason to even issue notice of this appeal. 2. Briefly stated, the circumstances relevant for present purposes are as follows. The present respondent filed a suit under Order XXXVII CPC for RFA 125/2025 Page 1 of 4 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, ou=DELHI HIGH COURT, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6f b4835d435f97626cacca, postalCode=110003, st=DELHI, KATHPALIA serialNumber=D3E86796451EC45C07B5D15570996B40F8 0CBD2EEE60402C487965FF801E26FA, cn=GIRISH KATHPALIA Date: 2025.02.11 17:31:12 -08'00' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:11.02.2025 18:20:29 recovery of Rs. 4,70,000/- against the appellant, pleading that the appellant took friendly loan of Rs. 4,70,000/- from him on 05.01.2018 for a period of 07 months against a promissory note and receipt duly executed by the appellant, but despite repeated demands and even issuance of legal notice dated 17.08.2018, the appellant did not p