MEGH SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) The petitioner-defendant is aggrieved of the impugned order dated 22.04.2015 granting the relief to contest the suit filed under provisions of Order 37 Code of Civil Procedure, by imposing a condition of furnishing surety bond of equal amount claimed in the plaint.

(2.) Mr. Deepak Aggarwal, learned counsel appearing on behalf of the petitioner-defendant submits that once the Court finds that there were triable issues, the condition of furnishing surety bond of equal amount, cannot be imposed in view of the settled proposition of law as laid down by the Hon'ble Supreme Court in "Mechelec Engineers & Manufacturers v. Basic Equipment Corporation, 1976 4 SCC 687" , reiterated in "M/s Uma Shankar Kamal Narain and another v. M/s. M.D. Overseas Ltd., 2007 2 RCR(Civ) 585"

(3.) Mr. Ajeet Pal Singh Pakka, learned counsel appearing on behalf of the respondent submits that no doubt that the Court observed triable issue, discretion while granting the relief to contest the suit vest with the trial Court and rightly has been exercised by imposing the condition while calling upon the petitioner-defendant to give surety of the equal amount claimed in the plaint. The suit is for recovery of Rs. 2,96,000/- which contained the principal amount and as well as element of interest and thus, submit that there is no illegality and perversity in the order under challenge.