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HELD: 1.1. The position in law in regard to leave to defend has been B
explained by this Court as follows:
_, (a) If the defendant satisfied the Court that he has a good defence to the
, claim on merits, the defendant is entitled to unconditional leave to defend.
(b) If the defendant raises a triable issue indicating that he has a fair c
or bona fide or reasonable defence, although not a possibly good defence, the
defendant is entitled to unconditional leave to defend.
Milkhiram (India) Private Ltd. & Ors. v. Chamanlal Bros., AIR (1965)
SC 1698; Mechelec Engineers & Manufacturers v. Basic Equipment
Corporation, [1976] 4 SCC 687; Suni/ Enterprises and Anr. v. SB/ Commercial
& International Bank Ltd., It 998[ 5 sec 354 and Defiance Knitting lndusiries G
(P) Ltd. v. Jay Arts, [2006] 8 SCC 25, relied on.
1.2. Keeping in mind the principles laid down by this court, it would be
appropriate to direct the appellants to deposit a sum of Rs.20,00,000/- within
a period of three months in the Registry of the High Court. If the amount is
not deposited within the time stipulated, the order shall not be operative and H
1036 SUPREME COURT REPORTS [2007] 3 S.C.R.
From the Judgment and Order dated 13.03.2006 of the High Court of
B Delhi at New Delhi in Regular First Appeal (OS) No. 18-19 of2006.
7. Learned counsel for the respondent on the other hand submitted that
the High Court's order is not only fair but it is equitable. The amount which E
appears to be prima facie undisputed is much more than the amount which
the High Court has directed to deposit. ·
(a) If the defendant satisfied the Court that he has a good defence G
to the claim on merits, the defendant is entitled to unconditional
leave to defend.
(b) If the defendant raises a triable issue indicating that he has a fair
or bona fide or reasonable defence, although not a possibly good
H
1038 SUPREME COURT REPORTS [2007] 3 S.C.R.