1974 (6) TMI 60 - HC - Indian Laws

Appellate court overturns judgment, remands for new trial. Appropriate issues to be framed for liability determination.

Mackinnon Mackenzie and Company Pvt. Ltd Versus Anil Kumar Sen and Anr.

The appellate court allowed the appeal, set aside the trial court's judgment, and remanded the matter for determination upon trial on evidence. The trial ... - Issues Involved:1. Validity of garnishee order despite the disputed claim.2. Right to set-off against the claimed amount.3. Requirement for trial on evidence for disputed claims.4. Procedural requirements and standards for issuing garnishee orders.5. Discretionary power of the court in garnishee proceedings.Detailed Analysis:1. Validity of Garnishee Order Despite the Disputed Claim:The garnishee (appellant) contended that the garnishee order should not have been made due to a bona fide dispute regarding the claim of Rs. 1,69,746.39. The appellant argued that the trial court erred by proceeding on the assumption that there was no dispute regarding the claim made by the second respondent (judgment-debtor). The court concluded that the trial court was incorrect in assuming there was no dispute, as the appellant had unequivocally denied the claim in its letters dated May 21, 1973, and July 10, 1973, and in the affidavit-in-opposition. The court emphasized that a garnishee order should not be made in a summary proceeding without resolving the disputed claim through a trial on evidence.2. Right to Set-Off Against the Claimed Amount:The appellant claimed the right to set-off Rs. 31,500/- due to the second respondent against losses and damages suffered due to the second respondent's negligence. The court acknowledged that the appellant had the right to claim a set-off for losses and damages, which had not yet been quantified. The court referred to the principle that a party could claim a set-off for unascertained sums if cross-demands arise out of the same transaction or are connected in nature and circumstances, making it inequitable for the plaintiff to recover without addressing the defendant's claims.3. Requirement for Trial on Evidence for Disputed Claims:The court highlighted that where a claim is bona fide disputed and not frivolous, the court should not make a garnishee order summarily. Instead, the court should raise an issue and try the same on evidence. The court emphasized that the procedural advantage of a garnishee proceeding should not be used to deny the garnishee the opportunity to contest the claim unless the court is satisfied that the dispute is without substance. The court remanded the matter to the trial court to determine the liability of the appellant through a trial on evidence.4. Procedural Requirements and Standards for Issuing Garnishee Orders:The court examined the procedural requirements under Rule 3 of Chapter XVIII of the Original Side Rules and Order 21, Rule 46-C of the Civil Procedure Code (Calcutta Amendment). The court noted that if the garnishee disputes liability, the judge should order that any issue necessary for determining liability be tried as an issue in a suit. The court found that the trial court had not exercised its discretion judicially by making a summary order without addressing the disputed claim.5. Discretionary Power of the Court in Garnishee Proceedings:The court acknowledged that making a garnishee order is a discretionary power, but such discretion must be exercised judicially. The court referred to various judicial pronouncements and emphasized that the court should direct payment only when the debt is undisputed or the dispute appears frivolous. In this case, the court found that the dispute raised by the appellant was substantial and warranted a trial on evidence.Conclusion:The court allowed the appeal, set aside the trial court's judgment, and remanded the matter for determination upon trial on evidence. The trial court was directed to frame appropriate issues for determining the appellant's liability and the quantum of such liability, with directions for discovery and inspection of documents. The costs of the appeal and trial court proceedings were to abide by the result of the application disposed of on remand.