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TMI Blog2018 (9) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... mere statement that some representatives of the defendant were not in station was not good enough to explain the delay of 29 days particularly in a suit for summary judgment under Order XXXVII of the Code. It does not appear that the trial court erred in law or took any irrelevant consideration into account while deciding the matter. Order XXXVII of the Code provides for strict time limits and such time limits must be adhered to. In the instant case, the entirety of the claim is founded on three dishonoured cheques. There does not appear to be any dispute that these cheques were issued by the defendant to the plaintiff. It is evident from the material available that the cheques were dishonoured upon presentation. In such circumstances, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Order XXXVII of the Code, the plaintiff is entitled to summary judgment provided the suit is in respect of a subject-matter which is covered by the relevant provision and a copy of the petition for summary judgment is served on the defendant and the defendant fails to show cause why it should not be granted conditional or unconditional leave to defend. The defendant is generally granted unconditional leave to defend in the event the defendant shows some genuine ground. The test is not that the defence must succeed but that the defence has a plausible chance of success. When a suit is instituted under Order XXXVII of the Code in respect of a bill of exchange, there is only so much that a defendant can say which would amount to an eff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the office on the relevant dates, a junior employee requested the postman to return with the postal article after a few days, but the postal authorities entered an unclaimed remark. Whatever may have been the defendant s version of what transpired when the postal article was attempted to be delivered at the registered office of the defendant, it is evident that the article was not claimed and, as such, it was justifiedly reported by the postal authorities that the article was unclaimed . A postal remark of unclaimed is regarded as good service and the court was perfectly justified in proceeding with the application for summary judgment in the absence of the recalcitrant defendant who had refused to accept the postal article containi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... XXXVII of the Code provides for strict time limits and such time limits must be adhered to. It is not for every claim that a summary proceedure is provided. Only very restricted claims are covered by Order XXXVII of the Code and once of a claim falls within the purview of such provision, the court is duty-bound to ensure that speedy justice is made available to the plaintiff in accordance with law. In the instant case, the entirety of the claim is founded on three dishonoured cheques. There does not appear to be any dispute that these cheques were issued by the defendant to the plaintiff. It is evident from the material available that the cheques were dishonoured upon presentation. In such circumstances, it would require a very high ..... X X X X Extracts X X X X X X X X Extracts X X X X
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