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DELHI HIGH COURT
RAJIV SHAKDHER, TARA VITASTA GANJU
Kumar Manglam – Appellant
Versus
Manik Lal Rauth – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral)
[Physical Court hearing/Hybrid hearing (as per request)]
1. This appeal is directed against the judgment and decree dated 05.12.2020 passed by the Learned District Judge, Commercial Court-05, Central District, Tis Hazari, Delhi.
2. The decree has been passed in a summary suit action preferred by the respondent/plaintiff under Order XXXVII of the Code of Civil Procedure Code, 1908 [in short, "CPC"].
3. Mr Prabhat Kumar, who appears on behalf of the appellant/defendant says that the Learned District Judge has erred in law, inasmuch as, if not a cast iron defense, the appellant/defendant had certainly raised triable issues.
3.1. Insofar as the defense is concerned, Mr Kumar submitted that instructions had been issued by the appellant/defendant to its bank to "stop payment", with regard to the cheques in issue, on 02.02.2018.
3.2. Furthermore, it is stated that the cheque in issue was handed over to one, Mr Swapan Maitey, and not to the respondent/plaintiff.
4. As against this, Mr Naveen K. Bansal, who appears on behalf of the respondent/plaintiff, has stated that the impugned judgment has dealt with these issues. As regards the defence take
Conditional leave to defend is granted when the defense is not frivolous, requiring the appellant to deposit the principal sum for a fair trial process.
The court upheld that failure to comply with the deposit requirement negated the appellant's claims of fraud regarding the cheques, justifying the trial court's decree in favor of the respondent.
Conditional grant of leave to defend under CPC is permissible where the court finds insufficient justification for disputing claims, recognizing that unconditional leave is typically granted when tri....
The distinction between a disputed claim and an admitted claim in a suit filed under Order XXXVII of CPC and the condition precedent for granting leave to defend based on the admitted amount.
A defendant must establish a substantial or triable issue to gain unconditional leave to defend under Order XXXVII; conditional leave can be issued if there are serious doubts regarding the genuinene....
The main legal point established in the judgment is the court's discretion to grant conditional leave to defend based on the defendant's disclosure of a fair and reasonable defense, ensuring a delica....
Where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by....
The main legal point established in the judgment is that the failure of the Defendant to comply with the court's directions under Order XXXVII of the Code of Civil Procedure, 1908, entitles the Plain....
Defendants in summary suits must demonstrate a substantial defense or genuine triable issues to be granted leave to defend; mere allegations without credible substantiation are insufficient.
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