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2010 Supreme(SC) 682

ALTAMAS KABIR, A.K.PATNAIK
V. K. Enterprises – Appellant
Versus
Shiva Steels – Respondent


JUDGMENT

Altamas Kabir, J. —

1. The short point involved in this Special Leave Petition is whether the learned District and Sessions Judge, Delhi, had rightly dismissed the Petitioner’s application under Order XXXVII Rule 3, read with Section 151 of the Code of Civil Procedure (C.P.C.) for leave to defend the suit filed by the Respondent under Order XXXVII for recovery of Rs.6,68,513/-, together with interest @18% per annum and pendente lite and future interest.

2. On account of business transactions, the Petitioner purchased iron sheets on credit from the Respondent on account whereof a sum of Rs.4,42,724/- became due and payable by the Petitioner to the Respondent. The Petitioner settled the accounts and acknowledged the liability in respect of the said amount. Thereafter, the Petitioner issued a cheque for a sum of Rs.3,50,000/- dated 11th October, 2006, towards part-payment of the said dues which, according to the Respondent, was signed by one Pyare Lal, the sole proprietor of the Petitioner-firm. On presentation, the said cheque was dishonoured and a legal notice was, therefore, sent by the Respondent to the Petitioner for payment of the outstanding dues. Since, despite such n









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