Order 19

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18 Civ Suit 194/24
M/s Gupta Fabrics Vs. M/s Auto Zone
12.11.2025
Present: Sh. Sadanand Kumar, Ld. Counsel for the plaintiff
alongwith plaintiff (through VC).
Sh. Kishore Sakrani, Ld. Counsel for the defendant
(through VC).
Put up for orders at 4 pm.
Animesh Bhaskar Mani Tripathi
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts,
Delhi/12.11.2025(SP)
At 04:00 PM.
Present: None.
ORDER ON DEFENDANT’S APPLICATION
UNDER ORDER XXXVII RULE 3(5) CPC FOR LEAVE TO
DEFEND
1. By this order, I shall decide the application filed by the
defendant under Order XXXVII Rule 3(5) CPC seeking leave to
defend the present summary suit instituted by the plaintiff for
recovery of 1,09,524/- along with interest.	₹
2. The plaintiff has filed the present suit under Order XXXVII
CPC on the basis of invoices raised against the defendant for
supply of seat covers, mats and other car accessories. It is the
case of the plaintiff that despite repeated demands, the defendant
failed to clear the balance of 90,517/- and is therefore liable to	₹
pay the said amount along with interest @9% per annum.
Contd…
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3. The defendant entered appearance within the prescribed period
and moved the application for leave to defend. In the application
and supporting affidavit, the defendant admits having business
dealings with the plaintiff but submits that all payments were
duly made and that no amount is outstanding. The defendant
further states that one consignment supplied in December 2020
was defective, and despite repeated requests for replacement or
adjustment, the plaintiff failed to act. It is further alleged that the
plaintiff has fabricated invoices and manipulated the ledger
account to create a false claim. The defendant also questions the
maintainability of the suit under Order XXXVII CPC on account
of alleged procedural defects and absence of any prior legal
notice.
4. I have perused the record and considered the rival pleadings.
Under Order XXXVII Rule 3(5) CPC, the Court is required to
ascertain whether the defendant has disclosed such facts as may
be deemed sufficient to entitle him to defend the suit. The scope
of examination at this stage is limited to seeing whether a bona
fide and triable issue has been raised or not?
5. In the present case, the defendant has raised specific factual
pleas disputing the correctness of the invoices, alleging defective
goods, complete payment, and fabrication of the ledger account.
These averments, if proved, would materially affect the
plaintiff’s right to recover the claimed amount. The dispute
pertaining to the genuineness of the transactions, quality of
Contd…
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goods, and completeness of payments can be decided only upon
trial after evidence is led.
6. At this stage the defence cannot be termed frivolous or sham.
Consequently, summary disposal under Order XXXVII would be
inappropriate.
7. In view of the above discussion, the application under Order
XXXVII Rule 3(5) CPC is allowed. The defendant is granted
unconditional leave to defend the suit.
8. The defendant shall file the written statement along with
supporting documents within the statutory period as prescribed,
failing which the plaintiff shall be entitled to seek appropriate
orders in accordance with law.
9. List the matter for filing of written statement and framing of
issues on 19.12.2025.
Animesh Bhaskar Mani Tripathi
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts,
Delhi/12.11.2025
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