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august 2006

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.

DEFIANCE KNITTING INDUSTRIES PVT.LTD. vs JAY ARTS · Niyam