Supreme Court · 2008 INSC 24 · Decided 8 January 2008
M/S. Sify LTD. v. M/S. First Flight Couriers LTD.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 24 · [2008] 1 S.C.R. 339
- Case number
- CIVIL APPEAL No. 90/2008
- Decided
- 8 January 2008
- Bench
- TARUN CHATTERJEE, DALVEER BHANDARI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
A B Code of Civil Procedure, 1908 - 0.37 - Summary suit under - Conditional leave to defend - Grant of - Default in payment of outstanding dues despite various demands - c Recovery suit against respondent - Single Judge of High Court observed that there was no evidence of deficiency of service and of deposit of Rs. 15 lacs - On appeal, Division Bench held that respondent was entitled to defend the suit without any condition - Held: D Division Bench erred in interfering with order of Single Judge - The order of Single judge was discretionary order - Also the amount of Rs. 15 lacs was
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