# KAMAL GUPTA & ANR. vs M/S SURGE INDUSTRIES LTD. & ORS.

Court: Delhi High Court
Date: 2025-05-29
Citation: CS(OS)-694/2024 2025:DHC:4792
Petitioner: KAMAL GUPTA & ANR.
Respondent: M/S SURGE INDUSTRIES LTD. & ORS.

[Official PDF on Delhi High Court website](https://delhihighcourt.nic.in/app/showFileJudgment/JIS29052025S6942024_164920.pdf)

## Judgment text (excerpt)

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 29th May, 2025 CS(OS) 694/2024 KAMAL GUPTA & ANR. .....Plaintiffs Through: Mr. Akhil Sibal, Senior Advocate with Mr. Sparsh Aggarwal and Ms. Ridhi Bajaj, Advocates. versus M/S SURGE INDUSTRIES LTD. & ORS. .....Defendants Through: Mr. Ninad Dogra, Mr. Pranav Sarthi, Mr. Vishal Bharadwaj and Mr. Devesh Diwakar Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) I.A. 12254/2025 1. This is an application filed on behalf of the Plaintiffs under Order XXXVII Rule 3(6)(b) of CPC, 1908 for passing a decree in favour of the Plaintiff and against the Defendants in the sum of Rs.3,17,18,750/- along with interest @ 15% on the decretal amount till payment. 2. This is a summary suit filed by the Plaintiffs for recovery of the aforestated amount with interest. Facts to the extent necessary are that Defendants No. 2 and 3, who are partners in Defendant No. 1, approached the Plaintiffs for a friendly loan @ 15% per annum in December, 2020. Various amounts were advanced to Defendant No. 1 from December, 2020 under a Loan Agreement executed on 12.04.2024. Four cheques were issued 3. On deposit of the cheques by t

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