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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Prafulla S.Khubalkar
Sanjay Mahadeoprasad Trivedi – Appellant
Versus
Housing Development Finance Corporation Bank Limited – Respondent
JUDGMENT :
Prafulla S. Khubalkar, J.
RULE. Rule is made returnable forthwith and heard finally with consent of the counsel for the parties.
2. By way of instant petition under Article 227 of the Constitution of India, the petitioners have challenged the order dated 15.03.2021 passed by the trial Court below application at Exhibit 15 filed under Order XXXVII Rule 3 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) granting conditional leave to defend the summary suit.
3. The main controversy involved in the instant petition is whether in the wake of an inference of the trial Court that the petitioners having made out a triable issue are entitled for an unconditional leave to defend.
4. The background facts of the instant petition are as follows :-
The petitioners desired to purchase a rowhouse in a project of Sahara builders by name, Sahara Prime City situated at Wardha Road, Nagpur. The petitioners booked an independent house on 17.09.2007 for a total consideration of Rs.56,30,000/-. After payment of an amount of Rs.22,69,330/- out of the total consideration, the petitioners got executed a registered agreement to sell dated 24.04.2009 in their favour. For the purpose of arrang
A defendant raising a triable issue is entitled to unconditional leave to defend in a summary suit, and courts should avoid imposing harsh conditions that may hinder the defendant's ability to contes....
A defendant in a summary suit is entitled to leave to defend if they raise plausible triable issues, even if the defense is not strong.
Point of Law - Court has considered the issue and confirmed the order passed by the learned trial court granting the application for leave to defend conditionally. All the rights and contentions of t....
In a summary suit, if defendant discloses such facts of a prima facie fair and reasonable defence, court may grant unconditional leave to defend.
In summary suits, the trial judge has discretion to grant conditional leave to defend based on triable issues, essential for expediting commercial disputes, unless genuine financial inability is subs....
A defendant in a summary suit is entitled to conditional leave to defend if they raise triable issues regarding the legitimacy of debt confirmation documents, despite admitting to signatures.
Defendants must demonstrate substantial defenses or triable issues to be granted leave to defend; otherwise, plaintiffs may be entitled to summary judgment.
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