S.B. Sinha, J. - (1.) Correctness of a division bench decision of this Court in M/s. Merchants of Traders (P) Ltd. v. M/s. Sarmon Pvt. Ltd., reported in 1997(1) CHN 287 : 1997(4) Indian Civil Cases (Calcutta) (D.B.) 236 having been doubted by another division bench consisting of Ruma Pal, J. (as she then was) and Basudeva Panigrahi, J., reference has been made to this bench to consider as to whether an appeal is maintainable in terms of Clause 15 of the Letters Patent of this Court against grant of conditional leave to defendant to defend the suit in terms of Order 37 Rule 5 of the Civil Procedure Code.
(2.) The basic fact of the matter required to be taken note of for disposal of this matter is as follows : The appellants had purchased goods from respondents on diverse dates and sought to pay therefor by account payee cheques drawn in Plaintiff's favour which were dishonoured by the Banks on the grounds; "Refer to drawer", "Insufficient Fund", "Payment stopped by the drawer".
(3.) The Plaintiff, therefore, filed a suit for recovery of a sum of Rs. 11,57,872.80 P. which became payable to him towards the price of goods sold keeping in view the dishonoured cheques together with interest. The Plaint was filed in terms of Order 37 of the Civil Procedure Code. The plaintiff took out an application for attachment before Judgment. He also filed a separate application for grant of injunction and by an order dated 18.7.96 an order of injunction was issued restraining the Appellants from dealing with or disposing of their properties. The Appellant upon entering appearance filed an application for leave of the Court to defend the suit. The application for attachment before judgment was disposed of on 6th August, 1996 whereupon a direction was issued upon the Appellant to furnish security of Rs. 4,00,000/-. The Appellant subsequently filed an application for recalling the said order which was dismissed. As against the said order an appeal was preferred and a division bench of this Court set aside the order of the trial Judge and remitted the matter back to it with a direction to hear out the matter afresh and dispose of the same with a reasoned order.;