Krishan Chand Sharma vs Altafur Rahaman on 4 June, 2021

1. This petition has been filed under Article 227 of the Constitution of
India by the defendant before the learned Trial Court. He is aggrieved by
the order of the learned Trial Court granting conditional ‘leave to defend’
the suit filed by the respondent under Order XXXVII of the Code of Civil
Procedure, 1908 (“CPC”, for short) and placing a condition of a deposit
of Rs.10,00,000/- in the form of an FDR as security before the learned
Trial Court.

2. The petitioner/defendant and respondent/plaintiff have business

CM (M) 344/2021 Page 1 of 7
dealings as the petitioner/defendant used to purchase raw
materials/chemicals used in the manufacturing of toys in his factory from
the respondent/plaintiff. The suit was filed under Order XXXVII when
two cheques issued by the petitioner for Rs.6,34,000/- and Rs.1,35,000/-
were dishonoured. According to the respondent/plaintiff, these cheques
were issued towards an outstanding sum of Rs.10,09,502/- payable by the
petitioner/defendant towards raw materials purchased by him on credit.
The suit is for the said sum of Rs.10,09,502/-.

Source: Indian Kanoon

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