Ahsan Ahmad Malik vs Basharat Feroz Ganie

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(JK) 146

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR, J
Ahsan Ahmad Malik – Appellant
Versus
Basharat Feroz Ganie – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Zahid Hussain, Advocate
For the Respondent:Mr. T. A. Lone, Advocate

Table of Content
1. suit for recovery (Para 1)
2. application for recall (Para 2 , 3 , 4 , 5)
3. impermissible dismissal (Para 6 , 7 , 8)
4. options for defendant (Para 9 , 10)
5. consideration of merits (Para 11)
6. trial court's obligation (Para 12)
7. failure of justice (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)

JUDGMENT :

2. It appears that the respondent/plaintiff had filed a suit for recovery of an amount of Rs.7,32,000/ against the appellant/defendant by invoking the provisions contained in Order 37 of the Code of Civil Procedure. According to the respondent/plaintiff, the appellant/ defendant had purchased cardboard boxes from him and after settlement of accounts, the defendant had to pay an amount of Rs.7,82,000/ to the plaintiff. In discharge of the said debt, the defendant is stated to have issued six cheques for a total amount of Rs.7,82,000/ on different dates but when these cheques were presented for encashment, the same were returned unpaid to the plaintiff on account of insufficiency of funds. A legal notice of demand is stated to have been served by the plaintiff upon the defendant but he paid only an amount of Rs.50,000/ to the plaintiff and rest of the amount i.e. Rs.7,

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