Supreme Court of India · 1998-04-30
SUNIL ENTPS. vs SBI COMML. & INTNL. BANK LTD
- Citation / case number
- SC 1996/79835
- Court
- Supreme Court of India
- Petitioner
- SUNIL ENTPS.
- Respondent
- SBI COMML. & INTNL. BANK LTD
- Author
- S. RAJENDRA BABU S.C. AGRAWAL
- Bench
- S. RAJENDRA BABU S.C. AGRAWAL
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the Trial Judge's order in a summary suit under Order 37 of the C.P.C., where the appellants were found liable for a sum of Rs. 37,51,519.43 based on bills of exchange. The Court ruled that the appellants, as acceptors of the bills, could not escape liability despite their claims of lack of consideration and allegations of fraud, as the bills were negotiated without issue. The Court emphasized that the trial court's role at the leave to defend stage is to assess whether a real defense exists, not to determine the truth of the allegations at that point.