Supreme Court of India

State Bank of Hyderabad v. Rabo Bank

Neutral citation
Reported as [2015] 11 S.C.R. 471
Bench Ranjan Gogoi and N.V. Ramana JJ.
Decided 1 October 2015

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the opinion that the defendant/appellant has made out a prima facie case of triable issues in the Suit which needs to be adjudicated.

Judgment, page 15

From the headnote

Code of Civil Procedure, 1908 - Order 37 r.3 - Summary procedure - Applicability of - Summary suit by c plaintiff-Bank-Against defendant-Bank - Claiming payment against Bills of Exchange - Denial of liability to make the payment by the defendant-Bank- Trial court made absolute the summons for judgment fixing the liability on the defendant-Bank, without granting leave to defend - Order of trial court confirmed by appellate court - On appeal, held: Where the defendant raises a triable issue or a reasonable defence, the defendant is entitled to unconditional leave to defend, unless the defence

Where later benches applied it

Of those, 1 referred to

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