Mon. Nov 30th, 2020

M/S United Electronics & Anr. vs M/S Compuage Infocom Ltd. & Anr. on 11 May, 2018

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HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. No.19471/2018 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. No.19472/2018 (for condonation of delay)

2. For the reasons stated in the application, delay of 211
days in re-filing the appeal is condoned.
C.M. stands disposed of.
RFA No.401/2018 and C.M. No.19470/2018 (stay)
3. This Regular First Appeal under Section 96 of the Code

of Civil Procedure, 1908 (CPC) is filed by the defendant nos.1 and 3

RFA No.401/2018 Page 1 of 6
in the suit impugning the judgments of the Trial Court dated

22.3.2017 and 12.7.2017, whereby the appellants/defendant nos.1 and

3 in an Order XXXVII CPC suit who were granted conditional leave

to defend by depositing 50% of the principal amount being the

amount of dishonoured cheques which totalled to Rs.88,71,105/- on

having failed to comply with the pre-condition, hence the suit was

decreed. As per the provision of Order XXXVII Rule 3(6) in case

the condition imposed while granting leave to defend is not complied

with, then the respondent no.1/plaintiff is entitled to a judgment

forthwith.

Source: Indian Kanoon

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