Supreme Court · 2006 INSC 567 · Decided 30 August 2006
Defiance Knitting Industries PVT. LTD. v. Jay Arts
- Court
- Supreme Court of India
- Citation
- 2006 INSC 567 · [2006] SUPP. 5 S.C.R. 625
- Case number
- CIVIL APPEAL No. 3846/2006
- Decided
- 30 August 2006
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Code of Civil Procedure, 1908-0rder XXXVll Rule 3-Unconditional leave to defend, grant of-Rejection of, by trial court-High Court directing applicant to deposit Rs. 20 lakhs to. show his bonafides and in case he C succeeded in application for leave to defend, withdrawal of amount allowed­ by High Court-Correctness of-Held: Order not maintainable since there was no indication in the earlier order of High Court that in case amount was more, applicant was to pay the differential amount-Maximum deposit directed was fixed at Rs. 20 /akhs. D Respondent filed summary suit for
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