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the respondent had filed criminal case under s.138 of N.I. Act for the same dues which case he had unconditionally withdrawn - N.I. Act was pending, the respondent instituted the instant summary suit for Rs.36.13 lacs being total sum of two dishonoured instruments with an additional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

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)