This order grants unconditional leave to the defendants to defend the plaintiff's summary suit for money due, as the affidavit in reply raised a triable issue.
Unconditional leave to the defendants to defend the suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
SUMMONS FOR JUDGMENT NO.41 OF 2007 IN SUMMARY SUIT NO.1459 OF 2004
Mahindra & Mahindra Limited.
Vs. M/s.Bharat Auto Stores & Anr.
...Plaintiff.
...Defendants.
Mr. K.H. Mody i/b. Mohana Nair Asso. for the Plaintiff. Ms.Pragga R. Pansani i/b. Bhuta & Asso. for the Defendants.
CORAM : DR.D.Y.CHANDRACHUD, J . 9th April 2007.
P.C .:
The claim in the Summary Suit is on account of money
due at the foot of the account. In the affidavit in reply, the Defendants have raised a defence which clearly raises triable issue. Unconditional leave is accordingly granted to the Defendants to defend the suit.
1 issue framed by the court
Whether the defence raised in the affidavit encompasses a triable issue.
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
