M/S. SIFY LTD. vs M/S. FIRST COURIERS LTD.

The Supreme Court held that under Order 37 Rule 3 of the Code of Civil Procedure, a defendant may be granted unconditional leave to defend a summary suit if they raise a triable issue. The Court found that the respondent's claims of deficiency in service and the nature of the appellant's suit based on accounts warranted such leave. Consequently, the Court upheld the Division Bench's decision to allow the respondent to defend the suit without any conditions, thereby reversing the Single Judge's order requiring a deposit of Rs. 15 lacs.