The court applied Order 37 Rule 3 to grant the defendant leave to defend the summary suit based on the evidence of unpaid cheques and the nature of the services rendered.

Headnote:
Order 37 Rule 3 - Application for Leave to Defend Summary Suit - The defendant applied for leave to defend a summary suit for non-payment of services rendered. The plaintiff alleged non-payment for market research surveys conducted by the plaintiff for the defendant's business interests.
Fact of the Case:

The defendant applied for leave to defend a summary suit for non-payment of services rendered by the plaintiff for market research surveys.
Finding of the Court:

The court analyzed the details of the cheques mentioned in the plaint and the non-payment allegations. The court concluded that the defendant's application for leave to defend the summary suit was justified.
Issues: Non-payment for services rendered, application for leave to defend summary suit
Ratio Decidendi: The court considered the evidence of the unpaid cheques and the nature of the services rendered in granting the defendant leave to defend the summary suit.
Final Decision: The defendant was granted leave to defend the summary suit.

BADAR DURREZ AHMED, J.

( 1 ) THIS is an application under Order 37 Rule 3 of the Code of Civil procedure, 1908 read with Section 151 thereof on behalf of the defendant for grant of leave to defend the summary suit instituted by the plaintiff. The case against the defendant is that the defendant had engaged the services of the plaintiff for conducting market research surveys in India with respect to the business interest of the defendant pertaining, inter alia, to the sale of canadian Gold Coins. It is alleged in the plaint that the defendant had engaged the services of the plaintiff and the plaintiff had carried out surveys etc and had rendered such services but the defendant had not paid for the same.

( 2 ) THE learned counsel for the defendant/applicant submitted that the entire plaint is based upon the four cheques which are mentioned in paragraph 14 of the plaint which amount to a sum of Rs. 1,34,32,500/ -. The details of the cheques which were all drawn on ABN AMRO Bank are as under:

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Andhra Pradesh High CourtBPDL INVESTMENTS (PVT) LTD - AppellantVersusMAPLE LEAF TRADING INTERNATIONAL - RESPONDENTDecided On: 02-22-06

The court applied Order 37 Rule 3 to grant the defendant leave to defend the summary suit based on the evidence of unpaid cheques and the nature of the services rendered.

Cases Referred (6)

Andhra Pradesh High Court
BPDL INVESTMENTS (PVT) LTD - Appellant
Versus
MAPLE LEAF TRADING INTERNATIONAL - RESPONDENT
Decided On: 02-22-06