* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No. 720/2002 % Date of Decision: 29th January, 2009 # M/S. AGGARWAL INDUSTRIAL CORPN. & ORS......Appellants ! Through: Mr.D.P.Sharma and Mr. Anil Kumar Poddar, Advocates Versus $ STATE BANK OF INDIA ......Respondent ^ Through: Mr. Virendra Singh, Advocate CORAM: * HON'BLE MR. JUSTICE P.K.BHASIN 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the digest? JUDGMENT(ORAL) P.K.BHASIN, J: This appeal was filed by the appellants against the judgment and decree dated 31st July, 2002 passed by the learned Additional District Judge, Delhi whereby the suit filed by the respondent-bank under Order XXXVII CPC for recovery of Rs. 4,29,628.70 was RFA No. 720/2002 2 decreed along with the interest thereon @ 14 % p.a. from the date of filing of the suit till the realisation after rejecting the applications of the appellants-defendants seeking leave to defend the suit. 2. Appellant no. 1 was sued as the principal debtor while appellant nos. 2 and 3 were sued as guarantors. Along with the appeal the appellants had filed an application for stay of execution of the decree dated 31st July, 2002. Vide order dated 18th November, 2002 the execution was ordered to remain stayed subject to deposit of Rs. 2,60,000/- by the appellants with the Registrar General of this Court. 3. During the course of hearing of this appeal it was submitted by learned counsel for the appellants-defendants that a sum of Rs. 2,60,000/- was paid to the respondent-plaintiff instead of depositing the money in Court and appellants are further willing to pay another sum of Rs. 50,000/- to the bank and treating these payments to be without prejudice to the contentions of the appellants-defendants the appeal can be allowed and appellants- defendants be permitted to contest the suit of the bank on merits RFA No. 720/2002 3 and the payment of Rs. 3,10,000/-, as afore-said, can be made as the condition for grant of leave to defend to the appellants- defendants. Learned counsel for the respondent-plaintiff is agreeable to the said submission made on behalf of the appellants and says that this matter can be disposed of as suggested by learned counsel for the appellants. 4. This appeal is accordingly allowed and the impugned judgment and decree dated 31st July, 2002 passed by the learned trial Court stand set aside and appellants-defendants are granted leave to defend the suit conditional upon payment of Rs. 3,10,000/- out of which a sum of Rs. 2,60,000/- already stands paid to the respondent bank and as has been agreed between the parties, the balance amount of Rs. 50,000/- can be paid to the bank within three weeks from today and in case of non-payment within the said period of three weeks the impugned judgment and decree of the trial Court would stand revived and this appeal would stand dismissed. RFA No. 720/2002 4 5. The parties shall appear before the trial Court on 20th February, 2009 and thereafter the Court would fix some date for filing of the written statement by the appellants-defendants. 6. Dasti. JANUARY 29, 2009 P.K.BHASIN,J sh