SMT MEENAKSHI OBERG vs SH. KARUN DUBE & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 14.10.2025 Judgment pronounced on: 13.11.2025 + RFA(COMM) 136/2024 SMT MEENAKSHI OBERG .....Appellant Through: Mr. Keshav Sehgal, Mr. Shivam Gaur, Mr. Aryan Kumar, Ms. Rashi Singh and Ms. Shabina, Advs. versus SH. KARUN DUBE & ORS. .....Respondents Through: Mr. Dinesh Monga, Ms. Merlin Mathew & Ms. Vrinda Awasthi, Advs. for R-1 and R- 2. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal has been filed assailing the correctness of the impugned judgment and order dated 22.12.2023 [hereinafter referred to as “IJ”] passed by the learned District Judge, Saket Court Delhi [hereinafter referred to as “DJ”], whereby the civil suit filed by the Appellant and Respondent No.3 (Plaintiffs before the Trial Court), for recovery of Rs.70,20,172.53/- was dismissed on account of failure to discharge the burden of proof necessary to establish their claim. Signature Not Verified Signed By:JAI NARAYAN Signing Date:13.11.2025 RFA(COMM) 136/2024 Page 1 of 10 11:59:16 FACTUAL MATRIX: 2. For the sake of convenience, the parties before this Court shall be referred in accordance with their status before the DJ. 3. In substance, the brief facts culminating in the present Appeal and relevant for adjudication, revolve solely around the loan agreement dated 21.11.2013 [hereinafter referred to as “LA”] executed between Mr. Karun Dube (Defendant No.1/Respondent No.1) and Late Smt. Shanti Devi, whereby the latter purportedly advanced a loan of Rs.50,00,000/- to the former, along with an interest at the rate of 18% per annum, repayable at the end of the period of LA, i.e. of three years from the date of execution of the LA. 4. Additionally, unde