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2011 Supreme(AP) 994

G.ROHINI
Hemanth Industries, Rep. by G. Veera Prakash Reddy – Appellant
Versus
Sri Datta Products, rep. by its Partner Ramaraju Madhusudan Rao – Respondent


Advocates appeared:
For the Petitioner:Dama Seshadri Naidu, Advocate.
For the Respondent:S. Siva Shankar, Advocate.

Judgment :

The Revision petitioner is the defendant in O.S.No.1233 of 2010 on the file of the Court of the Principal Senior Civil Judge, Ranga Reddy District at L.B. Nagar. The respondent herein is the plaintiff. It is a summary suit filed under Order 37 Rules 1 & 2 of C.P.C. for recovery of Rs.7,13,014-32 ps payable under the Cheque dated 1.3.2008. It is alleged that the said cheque given by the defendant was dishonoured by the Bank when presented for payment, and when the plaintiff got issued a legal notice, the defendant gave a reply denying the liability. Hence the suit for recovery of money covered by the cheque together with interest.

2. The defendant/revision petitioner filed I.A.No.1516 of 2010 under Order 37 Rule 3 (5) of C.P.C. seeking leave of the Court to defend the suit. The said application was allowed by the Court below by order dated 20.04.2011 subject to depositing 25% of the suit amount by 14.06.2011. Aggrieved by the said order, the present Civil Revision Petition is filed by the defendant.

3. I have heard the learned counsel for the petitioner as well as the learned counsel for the respondent and perused the material available on record.

4. The law is well settl






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