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NAVIN CHAWLA
ITC Limited – Appellant
Versus
Mahavir Singla – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
I.A.2592/2023
1. For the reasons stated in the application, the delay in filing the written submissions is condoned.
2. The application stands disposed of.
I.A.1220/2016
3. This suit has been filed under Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') seeking recovery of an amount of Rs.1,97,37,562/- alongwith interest due thereon from the defendant, alleging therein that the plaintiff had sold and delivered various educational and stationery products from time to time to the defendant on the basis of various requisitions/orders made by the defendant, both personally as also telephonically. The defendant had been making on account payments in respect to various invoices received by it from time to time, which were duly credited by the plaintiff in its Books of Account. Taking advantage of the credit policy of the plaintiff ranging between 30 days and 120 days from the date of the sale, disbursed payments against such invoices were made by the defendant. It is asserted that the defendant duly acknowledged and confirmed an outstanding amount of Rs.53,85,094/- to be due and payable by it as on 31.12.2012. Even
The main legal point established in the judgment is the requirement of written documents for maintaining a suit under Order XXXVII of the CPC and the principles governing the grant of leave to defend....
The main legal point established in the judgment is that leave to defend should not be refused unless the defendant's contentions are frivolous and do not raise any triable issue. The court emphasize....
The plaintiff's claim based on the receipt and cheque fell within the ambit of Order XXXVII CPC, and the defendant's defense of forfeiture was rejected due to lack of evidence.
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.
Failure of defendant to establish triable issues regarding unpaid amounts and interest leads to summary judgment for the plaintiff.
Civil Suit - Set aside conditional ‘leave to defend’ suit - Suit had to be treated as an ordinary suit and not one under Order XXXVII. In other words, learned Trial Court erred in granting conditiona....
Order XXXVII CPC be called upon to look at various documents and various statements of accounts, spread over periods running into years, so as to determine how amount due in the suit claimed is arriv....
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