SHEIKH KADIR CHHAWARE Vs. DATTU

JUDGEMENT

(1.) Heard Mr. U.K. Bisen, learned counsel for the petitioners and Mr. N.B. Kalwaghe, learned counsel for the respondent. Rule. Rule made returnable forthwith. Heard learned counsel for the parties with consent for final disposal.

(2.) The petitioners, who are the defendants in a summary suit filed by the respondent for recovery of money, are challenging the order dtd. 01/04/2022 passed below Exhs.12 and 13 and the order dtd. 16/12/2022 passed below Exh.38 on various grounds as mentioned in the petition.

(3.) The respondent-plaintiff filed summary proceedings before the learned Trial Court under Order XXXVII Rule 1 (1) of the Code of Civil Procedure for the purpose of recovery of money, wherein it is claimed that the plaintiff is entitled to recover an amount of Rs.25,40,001.00 from the defendants in connection with the transaction and two cheques issued by the defendant no.2 which were dishonoured. The respondent-plaintiff applied for summons for judgment as provided under the said provision of Order XXXVII of the Code of Civil Procedure and accordingly the summons was issued to the petitioners-defendants.