SANSAN IMPEX(P) LTD Vs. DAMODAR JOSHI

JUDGEMENT

(1.) The petitioners are defendants in the suit O.S.No.3042 of 2006. Aggrieved by the order dated 22.9.2006 in I.A.No.14206 of 2006, they have filed this civil revision petition.

(2.) The petitioners borrowed totally a sum of Rs.50,000/- by way of four cheques and the cheque issued by the petitioners for Rs.10,000/- towards part payment of the loan was dis-honoured. Hence the respondent filed the suit as summary suit for recovery of Rs.81,400/-.

(3.) On receipt of the summons, the petitioners filed an application in I.A.No.14206 of 2006 seeking leave to defend the suit stating that they have paid considerable amount to the respondent towards the loan amount and that they have issued a cheque towards full and final settlement and so, they are not liable to pay any amount. Further they contended that there are triable issues involved in the suit.