Supreme Court of India
Sudin Dilip Talaulikar v. Polycap Wires Pvt. Ltd. and Others
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What the Court ordered
In the result, the impugned orders granting conditional leave to defend are held to be unsustainable and are set aside.
Judgment, page 10
From the headnote
Code of Civil Pr ocedure, 1908: Or. XXXVII, r.3(5) – Summar y suit filed against appellant for r ecovery of Rs.64.18 lacs – Prior to filing of summar y suit, the r espondent had filed criminal case under s.138 of N.I. Act for the same dues which case he had unconditionally withdrawn – However , while the pr osecution under the N.I. Act was pending, the r espondent instituted the instant summar y suit for Rs.36.13 lacs being total sum of two dishonour ed instr uments with an additional claim for Rs.28.05 lacs as inter est – Conditional leave to defend was granted to appellant-defendant with a
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