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Issues:
1. Dispute over unpaid purchases and interest rate. 2. Allegations of dishonored cheques and agreements for repayment. 3. Legal action taken by the plaintiff due to non-payment. 4. Defense raised by the defendant regarding payments made. 5. Application for leave to defend and legal arguments presented. 6. Application of legal principles for granting or refusing leave to defend. Analysis: 1. The case involved a dispute between the plaintiff, an authorized dealer for Maruti Vehicles, and the defendant, engaged in trading automobile parts, regarding unpaid purchases and interest rates. The defendant had allegedly agreed to pay interest at 22% per annum on the unpaid purchases but issued dishonored cheques, leading to a legal conflict. 2. The plaintiff claimed that the defendant had issued cheques and a promissory note to clear the outstanding amount, but subsequent agreements for repayment were not honored. Despite multiple attempts to recover the debt, including legal notices and agreements for installment payments, the defendant failed to fulfill the obligations, prompting the plaintiff to file a suit under the Code of Civil Procedure. 3. In response, the defendant raised a defense stating that payments were made in cash, and post-dated cheques were not returned by the plaintiff as agreed. The defendant also alleged that no receipts were provided for the payments made, challenging the plaintiff's claims of outstanding dues. 4. Both parties presented their arguments before the court, with the plaintiff denying the defendant's claims of cash payments and emphasizing the agreements and promissory notes signed by the defendant. The plaintiff contended that the defendant's defense was baseless and aimed at withholding legitimate dues. 5. The defendant filed an application for leave to defend, citing legal precedents and principles governing the grant of such leave. However, the court found the defendant's defense to be frivolous, false, and without merit, leading to the rejection of the application. 6. The court applied legal principles outlined in relevant judgments to determine the validity of the defendant's defense. Based on the analysis of facts and circumstances, the court concluded that the defendant failed to raise any triable issue, and the plaintiff's suit was decreed in favor of the plaintiff, with interest at the agreed rate and costs awarded against the defendant.
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