R. SARAVANA PRABHU vs M/S. VIDEOCON LEASING&INDL.FIN.LTD.&ANR.

The Supreme Court held that the Bombay High Court erred in requiring the appellant to deposit Rs. 3.1 crores as a pre-condition for defending the suit under Order 37 CPC. Citing the case of Mechelec Engineers & Manufacturers Vs. M/s. Basic Equipment Corporation, the Court established that the presence of triable issues warrants unconditional leave to defend. Consequently, the Court set aside the High Court's order and granted the appellant unconditional leave to contest the suit, directing the High Court to expedite the proceedings.