Delhi High Court
Vikrant Vats vs Ajay Gahlot on 20 January, 2025
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20.01.2025
+ RFA 45/2025, CM APPL. 3190/2025, 3189/2025 & 3188/2025
VIKRANT VATS .....Appellant
Through: Mr. Rajat Arora and Mr. Sourabh
Mahla, Advocates
versus
AJAY GAHLOT .....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 27.11.2024,
passed by the learned Additional District Judge, South West, Dwarka, Delhi
under Order XXXVII CPC on account of failure on the part of the appellant
to file application for leave to defend within stipulated period. Learned
counsel for appellant has taken me through the relevant record already filed
with the appeal. Having heard learned counsel for appellant, I find no
ground to issue notice of this appeal.
2. Briefly stated, the circumstances leading to this appeal are that the
present respondent filed a suit under Order XXXVII CPC against the
appellant for recovery of Rs. 87,00,000/- on the basis of two cheques which
RFA 45/2025 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI, ou=DELHI HIGH COURT,
GIRISH KATHPALIA
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f97
626cacca, postalCode=110003, st=DELHI,
2C487965FF801E26FA, cn=GIRISH KATHPALIA
Date: 2025.01.20 17:52:57 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:20.01.2025
18:48:54
had got dishonoured on being presented. The summons for judgment were
served on the appellant on 06.07.2024 and application for leave to defend
was filed on 18.11.2024. The application for leave to defend having not been
filed within prescribed period, the application was dismissed and the suit
was decreed. Hence the present appeal.
3. Learned counsel for appellant has tried to address submissions on
merits of the case. But admittedly, there is no explanation for the appellant
having not filed an application for leave to defend within the prescribed
period. It is nobody's case that the appellant was not aware about the nature
of the proceedings, insofar as admittedly the appellant entered appearance
under Order XXXVII CPC in time. It is also nobody's case that summons
for judgment were not served on the appellant on the address given by him
while entering appearance.
4. Annexure A-7 is an application seeking condonation of delay in filing
the application for leave to defend. But in that application also, there is not
even a whisper explaining the reason for delay in filing the application for
leave to defend. The only averment in the said application is that in some
other case, the predecessor the trial court had dismissed the said other suit
holding that since the plaintiff of that suit had remedy under Negotiable
Instruments Act, the suit was not maintainable. No other submission was
made in the said application by the appellant except the vague plea that the
delay in filing the application for leave to defend was not intentional.
RFA 45/2025 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI, ou=DELHI
HIGH COURT,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af
3962c6fb4835d435f97626cacca,
KATHPALIA
postalCode=110003, st=DELHI,
serialNumber=D3E86796451EC45C07B5D1557099
6B40F80CBD2EEE60402C487965FF801E26FA,
cn=GIRISH KATHPALIA
Date: 2025.01.20 17:53:17 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:20.01.2025
18:48:54
5. Even during submissions advanced today, no reason has been
explained for failure to file the application for leave to defend within
prescribed period.
6. I am unable to find any infirmity in the impugned judgment and
decree, so the same are upheld and the appeal as well as the accompanying
applications are dismissed. Digitally signed by GIRISH KATHPALIA
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI, ou=DELHI
HIGH COURT,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca,
KATHPALIA
postalCode=110003, st=DELHI,
serialNumber=D3E86796451EC45C07B5D155709
96B40F80CBD2EEE60402C487965FF801E26FA,
cn=GIRISH KATHPALIA
Date: 2025.01.20 17:53:32 -08'00'
GIRISH KATHPALIA, J
JANUARY 20, 2025/rk
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RFA 45/2025 Page 3 of 3 pages
