Kishore Kapoor v. Surinder Kamar Bansal

Delhi High Court · 08 Apr 2010 · 2010:DHC:1934
Shiv Narayan Dhingra
CM(M) 630/2009
2010:DHC:1934
civil appeal_dismissed

AI Summary

The court upheld conditional leave to defend in a cheque dishonour suit where a triable issue was raised but the defence's credibility was doubtful, requiring a bank guarantee as a condition.

Full Text
Translation output
CM(M) 630/2009 Kishore Kapoor v. Surinder Kamar Bansal
HIGH COURT OF DELHI
Date of Reserve: March 04, 2010
Date of Order: April 08, 2010
CM(M) 630/2009
08.04.2010 Kishore Kapoor ...Petitioner
Through: Mr. Ravi Chawla, Advocate
VERSUS
Surinder Kamar Bansal ...Respondent
Through: Ms. Deepti, Advocate JUSTICE SHIV NARAYAN DHINGRA
JUDGMENT

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

1. The petitioner has assailed an order dated 19th May, 2009 passed by learned ADJ whereby an application of the petitioner for leave to defend was conditionally allowed subject to the condition that the petitioner shall furnish a bank guarantee of 50% of the amount of cheques.

2. The respondent herein filed a suit for recovery of Rs.4, 44,000/- based on dishonoured cheques issued by the petitioner. In application for leave to defend, the petitioner took plea that he had settled the matter with the respondent/plaintiff and a settlement deed was executed. The cheques in question were to be returned by the respondent but the same were not returned. A copy of settlement deed was annexed with the leave to defend application. In response to leave to defend application, the plaintiff /respondent’s stand was that the settlement deed was a forged document and no such settlement was arrived at. Under these circumstances, the trial court allowed the application for leave to defend conditionally observing that a triable issue as to whether the settlement deed was forged or not, did arise. 2010:DHC:1934 CM(M) 630/2009 Kishore Kapoor v. Surinder Kamar Bansal

3. It is contended by the counsel for the petitioner that since it has been held that a triable issue arises, the trial court should have granted unconditional leave to defend. I consider that this contention of the petitioner is baseless. The trial court had considered the nature of defence raised and the reply filed by the respondent. The conditional leave to defend is granted in those cases where some triable issue is raised but the credibility of defence is not certain. It is not that conditional leave to defend is granted when no triable issue is raised. I find no infirmity in the order of the trial court. The petition is hereby dismissed. April 08, 2010 SHIV NARAYAN DHINGRA J. rd