Supreme Court · 2002 INSC 192 · Decided 12 April 2002
State Bank of Saurashtra v. M/S. Ashit Shipping Services (P.) LTD. and ANR.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 192 · [2002] 2 S.C.R. 1074
- Case number
- CIVIL APPEAL No. 2662/2002
- Decided
- 12 April 2002
- Bench
- S.S.M. QUADRI, S.N. VARIAVA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908-0rder 37 Rule I-Summary Procedure- Leave to defend-Grant of-On facts, summary suit filed-Application for leave to defend-Courts below refusing to grant leave to defend-Whether document is indemnity or guarantee not clear-Document appears to be indemnity bond for which first thus summary procedure cannot be applied-Also \j document is, held to be guarantee it is only on proof of loss-There is also an allegation of fraud, leave to defend could not have been refused Certain goods were shipped on a vessel, for which respondent No. 1 is an agent Respondent No. 2
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