2018 (9) TMI 93

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..... nce and, thereafter, it is for the plaintiff to apply for summary judgment when the defendant has a chance to apply for leave to defend. Unlike in an ordinary suit where the service of the summons and the plaint require a written statement to be filed by the defendant, in a suit instituted under 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 .....

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..... ruary 12, 2018 by the postal authorities and the postal authorities ultimately returned a remark that the postal article was "unclaimed". The petitioner herein is the defendant in the suit and says that since the senior representatives of the defendant were not available 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 art .....

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..... ion 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. 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 .....

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