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april 1998

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.

SUNIL ENTPS. vs SBI COMML. & INTNL. BANK LTD · Niyam