Summary suit recovery upheld on connected written documents, dishonoured cheques, and proof of outstanding commercial liability.

A summary suit for recovery under Order 37 can be maintained where the transaction is evidenced by connected written documents read together, including import permits, invoices, transport documents and dishonoured cheques. The cheques may operate as bills of exchange, while the permits can constitute the offer and the supply documents can show acceptance and performance of the commercial arrangement. Liability may be proved from the running account, original cheques, bank return memos, legal notice and related records, including part-payment cheques acknowledging the debt. On that basis, the outstanding balance and interest on a commercial transaction may be recovered through a money decree.

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Issues: (i) Whether the suit for recovery of money was maintainable as a summary suit under Order 37 of the Code of Civil Procedure on the basis of the invoices, import permits and cheques. (ii) Whether the plaintiff proved the outstanding liability and was entitled to decree for the claimed amount with interest.

Issue (i): Whether the suit for recovery of money was maintainable as a summary suit under Order 37 of the Code of Civil Procedure on the basis of the invoices, import permits and cheques.

Analysis: The documents on record, namely the import permits, invoices, transport documents and the dishonoured cheques, were treated as constituting a written transaction between the parties. The cheques were recognised as bills of exchange, and the court also held that a contract may be formed through multiple documents read together, with the import permits amounting to the defendant's offer and the supply invoices and delivery documents evidencing acceptance and performance.

Conclusion: The suit was held to be maintainable under Order 37.

Issue (ii): Whether the plaintiff proved the outstanding liability and was entitled to decree for the claimed amount with interest.

Analysis: The ledger account, invoices, original cheques, bank return memos, legal notice and supporting records were accepted as proving the running account and the unpaid balance. The court found that the defendant had acknowledged the liability by issuing part-payment cheques and that the amount of the outstanding dues stood established. Considering the commercial nature of the transaction, the court found interest justified.

Conclusion: The plaintiff was held entitled to recover Rs. 3,09,59,430/- with interest at 12% per annum and costs.

Final Conclusion: The commercial recovery claim succeeded on proof of a written transaction and established outstanding dues, resulting in a money decree in favour of the plaintiff.

Ratio Decidendi: A summary suit is maintainable where the transaction is evidenced by connected written documents forming a contract, and a cheque issued towards an admitted commercial liability may support recovery of the outstanding debt proved from the contemporaneous account records and supporting documents.

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