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DELHI HIGH COURT
C.HARI SHANKAR
Fox Mandal and Co. – Appellant
Versus
Ravi Bishnoi – Respondent
| Table of Content |
|---|
| 1. petitioner challenges adj's deposit condition. (Para 1 , 2) |
| 2. petitioners argue against the merit of the case. (Para 4 , 6 , 14) |
| 3. discussion on the consulting agreement. (Para 9 , 10 , 11) |
| 4. court's interim stay on deposit order. (Para 30 , 34) |
ORDER
1. The petitioner, a reputed firm of lawyers, was sued by the respondent, a lawyer who was working with the petitioner on retainership basis. The respondent preferred a suit as a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 (CPC). Leave to defend the suit has been granted by the learned Additional District Judge ("the learned ADJ") under Order XXXVII Rule 3(5) of the CPC, vide order dated 9th June 2022, conditional on the petitioner depositing, with the court, Rs. 58,93,935/-, being the amount claimed by the respondent from the petitioners in the suit. The learned ADJ has also directed release of the said deposited amount to the respondent, on the respondent furnishing of an equivalent bank guarantee.
2. Aggrieved by the direction, of the learned ADJ, to the petitioners, to deposit Rs. 58,93,935/- as a condition for leave to defend the suit instituted by the respondent, the petitioners hav
The presence of triable issues in a summary suit, where the defendant's obligations are interdependent, necessitates unconditional leave to defend without a pre-deposit requirement.
Unconditional leave to defend is the rule, conditional leave to defend is the exception, and denial of leave to defend is to be limited to the most extreme of cases.
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....
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....
In a summary suit, if defendant discloses such facts of a prima facie fair and reasonable defence, court may grant unconditional leave to defend.
If the defendant raises a substantial defence or triable issues, they are entitled to unconditional leave to defend, and a full-fledged trial may be necessary to adjudicate disputed facts.
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.
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....
(1) Summary suit (Money suit) – Generally, prayer for leave to defend is to be denied in such cases where defendant has practically no defence and is unable to give out even a semblance of triable is....
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