GAURAV SINGHANIA Vs. MATRIX AGRI SCIENCE PVT LTD

JUDGEMENT

(1.) Rule with the consent of the parties made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 22/02/2011 passed by the learned 5 th Joint Civil Judge, Senior Division, Nagpur, by which order the application filed by the respondents for unconditional leave to defend under Order 37 Rule 3 (5) of the Civil Procedure Code came to be allowed and resultantly unconditional leave to defend came to be granted to the respondents.

(3.) Without burdening this order with unnecessary details, the facts which are relevant can be stated thus The petitioner herein is the original plaintiff, who had filed the Summary Suit No.15/2010 for recovery of an amount of Rs.7,35,450/ , which was for the goods sold and supplied by the petitioner. The said summary suit was preceded by a notice dated 25/09/2009 being issued by the petitioner to the respondents inter alia calling upon the respondents to pay the said amount. The said notice was replied to by the respondents Advocate Shri P. Damodar Reddy in which reply in the last paragraph the respondents Advocate had accepted the liability of his client i.e. the respondents above named to the extent of Rs.6,70,140/ and had requested for return of the post dated cheque of Rs.7,07,880/ dated 16/08/2009 drawn on the Axis Bank, R.P. Road Branch, Secunderabad to the respondents. In view of the said reply of the respondents, the petitioner accepted the said offer, which the petitioner communicated to the respondents by his letter dated 12/11/2009. However, seeing that the respondents were not fulfilling the commitment made to the petitioner, as contained in their Advocate s reply, the petitioner was constrained to file the said summary suit.