S K INVESTMENTS Vs. GLFL SECURITY LTD

JUDGEMENT

(1.) These two revision applications arise out of a similar action initiated by the respondent against the revisionists, namely, the filing of summary suit for recovery of dues arising out of business transactions. The trial Court by impugned orders granted conditional leave to defend to the revisionists requiring the defendant-revisionists to pay a certain amount of money within stipulated period. Aggrieved by the said orders, the present revision applications are preferred.

(2.) Two questions arise for determination of this Court after hearing the learned advocates for the parties, (i) whether these revision applications are maintainable and (ii) whether the trial Court could have entertained and treated the money suit in a summary nature instituted for recovery of money dues out of business transactions.

(3.) The first question is answered by the Apex Court in Wada Arun Asbestos (P) Ltd. vs. Gujarat Water Supply & Sewerage Board, AIR 2009 SC 1027 wherein the Court took a view that where in a summary suit, the Court passed order granting conditional leave to defend, the revision against such an order would be maintainable as it is a jurisdictional question. The Apex Court in para 17 observed thus -