M/S V.K.ENTERPRISES vs M/S SHIVA STEELS

The Supreme Court held that the dismissal of the Petitioner’s application under Order XXXVII Rule 3 and Section 151 of the Code of Civil Procedure was erroneous as it failed to consider the triable issues raised regarding the validity of the cheque and the acknowledgment of debt. The Court emphasized that the allegations of interpolation and forgery necessitated a full trial to assess the evidence. Consequently, the Court set aside the dismissal and granted the Petitioner leave to defend the suit, allowing for a proper examination of the claims and defenses presented.