we are jewelers having jewellery shop in Punjab.Some local person purchased golden ornaments worth ₹ 9.5 lakhs from us and issued a cheque for an equivalent amount and the same was dishonoured. There being an admitted amount payable to us, can the purchaser be granted leave to defend his case in a summary trial suit for recovery.
1642400830
It will all depend upon the defense to be taken by the purchaser. If the purchaser denies purchase of gold ornaments supported by his affidavit, it can be deemed sufficient ground to entitle him to grant leave to defend his case as during trial he may be able to establish his defense. In State Bank of Hyderabad Vs Rabo, 2015(4) CCC 696(SC) the Honorable Apex court has held that once applicant raises a triable issue or a reasonable defense, applicant is entitled to the grant of unconditional leave to defend his case. Consequently, leave to defend can only be granted in a situation where an applicant raises a triable issue or some reasonable defense.