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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Chiragkumar Labhubhai Patel – Appellant
Versus
Realwax Industries (Plastic Division) – Respondent
JUDGMENT :
Aniruddha P. Mayee, J.
1. The present Special Civil Application impugns the judgment and order dated 6.12.2023 passed under Exh.31 and Exh.35 of the Commercial Civil Suit No.87 of 2016 whereby the learned Principal Senior Civil Judge, Rajkot has granted conditional leave to defend on deposit of Rs.79,77,023/- by the defendants – petitioners herein.
2. The brief facts of the case are that the parties to the suit are conducting business with each other since April/May-2010. As per the agreed terms, after the delivery of the goods by the plaintiff – respondent No.1 herein to the respondent No.2 firm, various invoices came to be issued. However, the dispute arose due to non-payment of the invoices so raised. During the business transactions, some cheques came to be issued in favour of the respondent No.1 – plaintiff which came to be dishonoured with an endorsement “funds insufficient”. Further, the respondent Nos.2 and 3 addressed a letter to the respondent No.1 company admitting and acknowledging dues to the extent of Rs.79,77,023/- out of total dues of Rs.93,46,023/- as claimed by the respondent No.1 – plaintiff. Some more cheques, thereafter, came to be issued in favour of
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....
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....
In a summary suit, if defendant discloses such facts of a prima facie fair and reasonable defence, court may grant unconditional leave to defend.
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.
Point of Law - Order is contrary to the settled principles of law and once a party has given the cheque for setting right the accounts, then in that case, all such contentions which are not raised at....
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....
Conditional leave to defend in summary suits must be justified by substantive evidence of outstanding dues; mere allegations without proof may warrant unconditional leave to defend.
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....
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