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DELHI HIGH COURT
C.HARI SHANKAR
Mamta Desaur – Appellant
Versus
Vivek Aggarwal – Respondent
| Table of Content |
|---|
| 1. fact summary of the case including cheque dishonor. (Para 1 , 4 , 5 , 6) |
| 2. petitioner's arguments against the claim. (Para 2 , 7 , 8 , 9 , 15 , 16) |
| 3. court's analysis regarding conditions for leave to defend. (Para 10 , 11 , 12 , 13 , 14 , 17 , 18 , 19) |
| 4. conclusion of the judgment and order. (Para 20 , 21 , 22) |
JUDGMENT
1. The impugned order dated 20th July 2022, passed by the learned District Judge (Commercial Court) (the learned Commercial Court), in CS (Comm) 173/2021 (Vivek Aggarwal v. Mamta Desaur), subjects the grant of leave to defend, to the petitioner, under Order XXXVII Rule 3(5) of the Code of Civil Procedure, 1908 (CPC) to a condition of deposit of Rs.9,69,548/- with the court.
2. The aforesaid requirement of deposit, by the petitioner, of Rs.9,69,548/-, as a condition for grant of leave to defend the suit instituted by the respondent against the petitioner has been assailed by the petitioner, under Article 227 of the Constitution of India. The petitioner, in another words, submits that he is entitled to unconditional leave to defend.
3. A brief recital of facts would be appropriate.
4. The respondent, as the plaintiff in CS (Comm) 173/2021, c
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.
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....
Suits involving running accounts and invoices cannot be filed under Order XXXVII CPC; they must be treated as ordinary suits where natural justice principles are preserved.
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....
The main legal point established in the judgment is the entitlement of the defendant for unconditional 'leave to defend' under Order 37 Rule 3 (5) CPC based on the existence of a substantial defense ....
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.
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....
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