HARI VADAN KUMAR vs RAKESH KUMAR GUPTA

Judgment text excerpt

$- * IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + CS(OS) 267/2024 and I.A. 18195/2025 Between: - HARI VADAN KUMAR, S/O LATE THAKOR LAL, R/O A-39, GUJRAT APARTMENT, PITAMPURA, DELHI-110034. .....PLAINTIFF (Through: Mr. Anil Goel and Mr. Aditya Goel, Adv) AND RAKESH KUMAR GUPTA S/O LATE SH. MURARI LAL GUPTA, R/O C-7, PUSHPANJALI ENCLAVE, PITAMPURA, DELHI-110034. .....DEFENDANT (Through: Mr. Vipin Wason and Ms. Stuti Wason, Advs.) ------------------------------------------------------------------------------------ % Reserved on: 18.08.2025 Pronounced on: 08.09.2025 ----------------------------------------------------------------------------------- JUDGMENT I.A. 38637/2024 (by defendant – Order XXXVII Rule 3(5) – leave to defend.) Signature Not Verified Signature Not Verified Signed By:PRIYA Signed Signing Date:11.09.2025 By:PURUSHAINDRA 10:41:05 1 KUMAR KAURAV By way of the instant application, the defendant seeks leave to defend the present suit under Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as „ the CPC‟ ) Factual Matrix 2. The facts, as per the plaint, manifest that the plaintiff and defendant were close friends for about two decades. In April, 2015, the defendant approached the plaintiff seeking financial assistance for his commercial ventures, assuring repayment of loans with interest at 12% per annum within three months of advancement. Relying on these assurances, the plaintiff and his relatives advanced a total sum of ₹8,86,68,000/- to the defendant between June 2015 and September 2015. 3. On 10.01.2019, the plaintiff demanded repayment. The defendant, citing financial difficulties, partially repaid ₹4,00,00,000/- on 12.04.2019. On the same date, the defendant executed a Memorandum o