VidhiSangh

Supreme Court of India · 18/01/2022

B. L. KASHYAP AND SONS LTD versus M/S JMS STEELS AND POWER CORPORATION & ANR.

[2022] 1 S.C.R. 1024 · 2022 INSC 60

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The supplier’s summary suit based on purchase orders, invoices and cheques was maintainable, but the contractor’s assertion that it acted only for the project owner raised genuine issues about its liability. Grant of leave to defend is ordinarily the rule; refusal requires the absence of substantial defence or genuine issues and a frivolous or vexatious defence. The decree was set aside only against the contractor, with its existing Rs40 lakh deposit treated as a condition of leave. Ultimate liability was left for trial.

Issues

  1. Whether the summary suit was maintainable and whether the contractor raised triable issues warranting leave to defend.

Provisions considered

Held

Result

Appeal allowed; decree set aside only against defendant No2, which was granted leave to defend subject to its existing Rs40 lakh deposit; liability left for trial; no costs.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 1024.