INDIAN INSTITUTE OF METALS Vs. VINOD JUTHANI

JUDGEMENT

(1.) This is an application to prefer an urgent appeal from an order dated the 4th of March, 2004, whereby the learned Judge disposed of a summons for summary judgment taken out by the plaintiff-appellant in an Order 37 suit.

(2.) The suit was filed on 12 dishonoured cheques. The signature in the cheques are not disputed. Those were presented in sets of 5, 7 and 5 again. Dishonour was consistent. The amount claimed as the aggregate of the cheques is Rs. 15,17,472/-.

(3.) The defendant has stated that it has paid off Rs. 5,65,000/- out of the said principal sum. So far as the facts are concerned, this part of the defendant's grievance is as excellent and good, as the defence to the claim in regard to the last 5 dishonoured cheques is devoid of any merit to any extent whatsoever.