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SUPREME COURT
, J
Sudin Dilip Talaulikar v. Polycap Wires Private Limited and Others
| Table of Content |
|---|
| 1. court's initial assessment of commercial transactions. (Para 2 , 9) |
| 2. arguments regarding outstanding dues and burden of proof. (Para 3 , 4) |
| 3. recap of related events leading to the summary suit. (Para 5 , 8) |
| 4. clarification on criteria for granting conditional leave. (Para 12 , 16) |
| 5. conclusion affirming the appellant's right to unconditional leave. (Para 17 , 18) |
1. Leave granted.
2. The appellant is aggrieved by grant of conditional leave to defend in Summary Suit No. 1289 of 2015 filed against him, by the respondent under Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") for recovery of Rs.64,18,609/-, inclusive of interest.
3. Learned counsel for the appellant submitted that under the Second Proviso to sub-R.5 of R.3 of Order XXXVII of the Code, the condition for deposit of Rs.30,00,000/- could not have been ordered in absence of any admissible dues. The fact that there may have been a commercial transaction between the parties in the past, cannot ipso facto be construed as an admission of debt merely because the respondent may have so claimed in the suit. The respondent had unconditionally withdrawn the prosecution ins
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