Supreme Court · 2019 INSC 757 · Decided 15 July 2019
Sudin Dilip Talaulikar v. Polycap Wires PVT. LTD. and Others
- Court
- Supreme Court of India
- Citation
- 2019 INSC 757 · [2019] 9 S.C.R. 279
- Case number
- CIVIL APPEAL No. 5528/2019
- Decided
- 15 July 2019
- Bench
- ASHOK BHUSHAN, NAVIN SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; NI Act Section 138
Headnote
Code of Civil Procedure, 1908: Or. XXXVII, r.3(5) - Summary suit filed against appellant for recovery of Rs.64.18 lacs - Prior to filing of summary suit, the respondent had filed criminal case under s.138 of N.I. Act for the same dues which case he had unconditionally withdrawn - N.I. Act was pending, the respondent instituted the instant summary suit for Rs.36.13 lacs being total sum of two dishonoured instruments with an additional claim for Rs.28.05 lacs as interest - Conditional leave to defend was granted to appellant-defendant with a finding based on
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