Supreme Court of India · 2006-08-30
DEFIANCE KNITTING INDUSTRIES PVT.LTD. vs JAY ARTS
- Citation / case number
- SC 2005/19162
- Court
- Supreme Court of India
- Petitioner
- DEFIANCE KNITTING INDUSTRIES PVT.LTD.
- Respondent
- JAY ARTS
- Author
- ARIJIT PASAYAT
- Bench
- LOKESHWAR SINGH PANTA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the Bombay High Court's dismissal of the writ petition challenging the trial court's refusal to grant unconditional leave to defend under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908. The Court found that the appellant failed to demonstrate a valid case for defense against the summary suit for recovery of Rs. 98,81,426.63, as the trial court's decision was based on the absence of a written statement and the existence of undisputed correspondence regarding the claims. The appeal was dismissed, affirming the lower court's ruling.