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Anish Kumar   21 March 2023

Special leave petition under article 136 for granting leave to defend in a summary suit

Dear Sir,

One of my lender has filed a summary suit in trial court by filing a forged letter on behalf of me and other partners . The said  letter is not signed by us. The Loan Agreement which was signed by us has not been taken into consideration and court is giving preference to the the minutes of meeting which is fraudulently done by the plaintiff.

Inspite of highlighting this issue , and no proof of any personal guarantee by me , court has not given me relief on "Leave to Defend " and rejected my application fo leave to defend by saying that since you are Director of the company therefore you have the personal liability to pay the loan and since one of the Director of the Company has agreed in Meeting to pay the loan ( In conspiracy with our lender , though we neither attended the meeting nor signed any document) therefore you can not be given any leave to defend.

Even though High Court agreed that whether the meeting was genuine or not is a matter of trial but High Court still did not give Leave to Defend. If I do not get any Leave to Defend then how I am going to proove that meeting was a after though conspiracy and we have not agreed in repaying the loan or signed any document or given any personal guarantee.

Kindly suggest what all Grounds and Law Points I should raise in SLP based on which I get a good defence in my case for "Leave To Defend" and also suggest me a good Civil Lawyer who has good understanding of Summary Suit and Civil Matter for appearing before  Supreme Court Bench in SLP.


 2 Replies

Dr J C Vashista (Advocate)     22 March 2023

Grounds for grant of leave to appeal in a SLP has to be framed by the lawyer engaged by you which cannot be suggested on the basis of facts posted by you.

There is no dearth of competent civil lawyers in Delhi for filing SLP before Supeme Court, which you have to select.

T. Kalaiselvan, Advocate (Advocate)     22 March 2023

The background facts nor the details of the case before trial court or the high court has been let known here.

With the contents posted by you, no proper opinion can be formed.

If you were a director of the company which is held responsible for the liabilities, then where is your personal liability arise here?

In fact since you are preferring a SLP before supreme court, you cannot dictate the SC lawyer with your own terms, because the SC lawyer will prepare the SLP based out of the verdicts of the two courts below, hence whatever inputs you may take from here may not be of any use.

Therefore don't waste your time here unnecessarily, instead look for an effective lawyer of supreme court who can get you the desired relief.



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