M/S. V.K. ENTERPRISES AND ANR. versus M/S. SHIVA STEELS

M/S. V.K. ENTERPRISES AND ANR. versus M/S. SHIVA STEELS

The petitioner’s defence was not supported by evidence and showed no plausible triable issue regarding interpolation or limitation; material produced by respondent including ledger accounts and cheque were cogent, and no sign of forgery or alteration was found. Courts below were justified in dismissing the application for leave to defend under Order 37 Rule 3 CPC.

Parties
Petitioner: M/S. V.K. Enterprises and Anr.; Respondent: M/S. Shiva Steels
Jurisdiction
India
Judgment Date
04 August 2010
Procedural Posture
Special Leave Petition (civil) / Supreme Court SLP Against Delhi High Court Order Dated 20.05.2009 in RFA No. 147 of 2009
Outcome
Special Leave Petition dismissed
Legal Topics
Summary Procedure, Leave to Defend, Dishonour of Cheques, Limitation
Civil Procedure Commercial Law Summary Procedure Leave to Defend Dishonour of Cheques Limitation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

M/S. V.K. Enterprises and Anr.

Petitioner

M/S. Shiva Steels

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court SLP Against Delhi High Court Order Dated 20.05.2009 in RFA No. 147 of 2009

Legal Issues

  1. 1 Whether the applicant's defence raised a triable issue to warrant leave to defend under Order 37, Rule 3 CPC
  2. 2 Whether alleged interpolation or forgery of cheque provided a bona fide defence
  3. 3 Whether the suit was barred by limitation

Ratio Decidendi

The petitioner’s defence was not supported by evidence and showed no plausible triable issue regarding interpolation or limitation; material produced by respondent including ledger accounts and cheque were cogent, and no sign of forgery or alteration was found. Courts below were justified in dismissing the application for leave to defend under Order 37 Rule 3 CPC.

Court Disposition

Special Leave Petition dismissed

Orders

  • No interference with orders of lower courts
  • No order as to costs