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AHSANUDDIN AMANULLAH, S. V. N. BHATTI
Executive Trading Company Private Limited – Appellant
Versus
Grow Well Mercantile Private Limited – Respondent
JUDGMENT :
S.V.N. BHATTI, J.
1. Leave granted.
2. We have heard Advocates Mr. Debesh Panda and Mr. Sanampreet Singh for the parties. The appeal is at the instance of the Plaintiff in Commercial Summary Suit No. 19 of 2020 before the High Court of Judicature at Bombay and challenges the order dated 05.12.2023. To make the narrative brief, the order impugned is excerpted hereunder:
2. List on 9th January, 2024.”
3. The parties to the civil appeal had business transactions for reasonably good time. The present Commercial Suit is filed to recover the alleged admitted and confirmed total liability of Rs. 2,15,54,383.50/- together with interest at 24% per annum amounting to Rs. 2,38,50,845.00/-.
4. The suit was filed on 15.10.2019 under Order XXXVII of the Civil Procedure Code, 1908 (‘the CPC’). Summons were issued on 15.01.2020, along with the Plaint and Annexures, which have been stated as served on the Defendants on 18.01.2020. On 28.01.2020, the Defendant entered appearance in terms of sub-Rule (3) of R
Summary suit – If a reply or defence is allowed to come on record in a summary suit without Leave of Court then distinction sought to be maintained between a Suit normally instituted and Summary Suit....
In a summary suit, if defendant discloses such facts of a prima facie fair and reasonable defence, court may grant unconditional leave to defend.
Delay in filing for leave to defend in summary proceedings is not condoned without sufficient cause, particularly where negligence is evident.
Point of Law : Order of the learned Trial Judge rejecting the application for leave to defend on merits, ought to be substituted by an order rejecting that application as premature.
The court ruled that leave to defend a summary suit should be granted where defendants raise substantial defenses; however, failure to demonstrate a triable issue leads to dismissal.
A suit originally filed under summary procedure cannot later allow summary judgment under a different procedural order.
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