HIMALAYA DRUG CO PVT LTD Vs. T THANGARAJ

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order, dated 25.11.2009, made in I.A.No.18003 of 2009, in O.S.No.4973 of 2009, on the file of the VII Additional Judge, City Civil Court, Chennai.

(2.) IT has been stated that the interlocutory application, in I.A.No.18003 of 2009, had been filed, under Order XXXVII Rule 5 of the Code of Civil Procedure, 1908. The respondent herein had filed the interlocutory application praying for leave to defend in the suit, in O.S.No.4973 of 2009.

(3.) DURING the course of the commercial dealings, the petitioner had supplied its products, along with the invoices, and the defendant had issued cheques against the supply. Thus, a sum of Rs.1,70,395.08 became due and payable by the respondent. In order to discharge the said dues, the respondent had issued a cheque bearing No.001556, dated 26.7.2006, drawn on the Indian Overseas Bank. However, the cheque issued by the respondent had been dishonoured due to the stop payment instructions issued to the concerned Bank, by the respondent. In such circumstances, the petitioner firm had filed the suit, in O.S.No.4973 of 2009, on the file of the VII Additional Judge, City Civil Court, Chennai.