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september 2009

Supreme Court of India · 2009-09-04

Green Gold Timber Pvt. Ltd vs Shipra Ocean Trade Pvt. Ltd

Court
Supreme Court of India
Petitioner
Green Gold Timber Pvt. Ltd
Respondent
Shipra Ocean Trade Pvt. Ltd
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that in accordance with the precedent set in M/s. Mechalec Engineers & Manufacturers vs. M/s. Basic Equipment Corporation, if the defendant demonstrates a triable issue, they are entitled to unconditional leave to defend the suit. The Court allowed the appeal, setting aside the trial court's condition requiring a bank guarantee of Rs. 60 lacs for the appellant to defend the suit, and directed the trial court to resolve the suit within one year of receiving this order.

Green Gold Timber Pvt. Ltd vs Shipra Ocean Trade Pvt. Ltd · Niyam