Back
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
| Table of Content |
|---|
| 1. background facts of the loan and project failure (Para 4) |
| 2. arguments for unconditional leave to defend (Para 5) |
| 3. arguments for maintaining 50% deposit condition (Para 7 , 12) |
| 4. discussion on maintanability of the suit and necessary parties (Para 10 , 11) |
| 5. legal principles on granting leave to defend (Para 14 , 15) |
| 6. impugned order unsustainable, entitling unconditional leave (Para 19) |
| 7. final order and disposal of the writ petition (Para 20 , 21) |
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
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, leave to defend must be granted if the defendant raises substantial triable issues. The court must exercise its discretion judiciously, as the refusal of leave is an exception inten....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
