SH. GAURAV KHATTAR vs SH. VIRENDER AGGARWAL

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 25.06.2025 + RFA 485/2025 & CM APPL. 32692-32695/2025 SH. GAURAV KHATTAR ....Appellant versus SH. VIRENDER AGGARWAL ....Respondent Advocates who appeared in this case For the Appellant : Mr. Dishant Sharma & Ms. Aanchal Kumari, Advocates. For the Respondent : None. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. This is a first Appeal under Section 96 under the Code of Civil Procedure, 1908 (‘CPC’) against the Judgment and Decree dated 10.06.2016 (‘Impugned Judgement’) passed in Civil Suit No.2626/2016 (‘Suit’) by the Court of District & Sessions Judge, East, Karkardooma Courts, Delhi (‘Trial Court’). 2. By way of the Impugned Judgment, the Suit filed by the Respondent was decreed against the Appellant for ₹5,15,000/- along with interest @12% per annum from the date of filing of Suit till its realization. 3. Along with the present Appeal, the Appellant has also filed CM Signature Not Verified RFA 485/2025 Page 1 of 7 Signed By:NEELAM SHARMA Signing Date:25.06.2025 15:59:52 APPL. 32694/2025 under Section 5 of the Limitation Act, 1963, for condoning the delay of 3192 days in filing the present Appeal. FACTUAL BACKGROUND: 4. The Respondent had filed the Suit under Order XXXVII of CPC for recovery of ₹5,15,000/- towards the outstanding dues recoverable from the Appellant against which the Appellant had issued cheques, which were dishonoured. The Respondent had issued a legal notice demanding the payment, however, the Appellant failed to respond. 5. The learned Trial Court issued summons to the Appellant, which was served on the Appellant through his father on 18.05.2016. Despite the service of summons, the Appellant failed to appear and filed leave to defend the Suit. 6. Accordingly, the Su