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SUBODH ABHYANKAR
Kamal Maithil – Appellant
Versus
Ajay Sharma – Respondent
JUDGMENT :
1. Heard finally with the consent of the parties.
2. This miscellaneous petition has been filed under Article 227 of the Constitution of India against orders dated 18-2-2022, and 14-12-2022. Vide order dated 18-2-2022, on an application filed by the defendant under section 151 of CPC for leave to defend has been allowed with a direction to the defendant to furnish a security to the tune of Rs. 2 crores, and vide order dated 14-12-2022 the review of the said order dated 18-2-2022 has been rejected.
3. In brief, the facts of the case are that the respondent/plaintiff has filed a summary suit under Order 37, Rules 1 and 2 of CPC for recovery of Rs. 1,80,20,000/- from the petitioner/defendant. In the aforesaid suit, an application under Order 38, Rules 1 and 2 of CPC was also filed by the plaintiff for attachment of the property of the defendant before judgment. Allowing the aforesaid application, vide order dated 17-1-2022, the learned Judge of the trial Court has directed the defendant to maintain the status quo in respect of its properties and should not alienate the same in any manner.
4. In the suit, as defendant had become ex-parte, subsequently, an application under Order
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 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 need to balance the respective rights and contentions in granting leave to defend a summary suit, ensuring expeditious disposal of commercial d....
The court affirmed that defendants are entitled to unconditional leave to defend if they raise triable issues, emphasizing the presumption in favor of granting such leave under the CPC.
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.
Leave to defend may be conditional if doubts exist about the genuineness of the triable issues raised by the defendant.
A defendant raising a triable issue is entitled to unconditional leave to defend in a summary suit, and courts should avoid imposing harsh conditions that may hinder the defendant's ability to contes....
Advocates appeared :For the Appellant : A. S. Chouhan For the Respondent : Rizwan Khan
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