Supreme Court of India · 2009-08-06
M/S Fixity Packaging Indus.P.Ltd.& Ors vs Udyen Jain(Huf)
- Court
- Supreme Court of India
- Petitioner
- M/S Fixity Packaging Indus.P.Ltd.& Ors
- Respondent
- Udyen Jain(Huf)
- Bench
- Deepak Verma, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed a dispute arising from a summary suit filed under Order XXXVII of the Code of Civil Procedure for recovery of Rs. 2,66,39,028 due to dishonoured cheques. The Court held that the defendants had no plausible defence based on the evidence presented, including statements of accounts and admissions of indebtedness. However, the Court granted the defendants conditional leave to defend the suit, requiring them to deposit Rs. 2,00,00,000 within two months to protect the plaintiff's rights while allowing the defendants an opportunity to establish their claims.