https://www.taxtmi.com/caselaws?id=297593 A written acknowledgment of debt supported by dishonoured cheques defeated the defendants' plea for leave to defend in a summary suit under Order XXXVII CPC, because the asserted fabrication defence was unsupported and was treated as illusory and moonshine. Leave to defend was therefore refused. The arbitration clause in the invoices also did not bar the civil suit, since liability had already been admitted in writing and no live dispute remained for arbitration; the objection under the Arbitration and Conciliation Act, 1996 failed. The defendants' applications were dismissed, and the plaintiff's recovery claim was allowed with costs and interest. en-us Mon, 10 Nov 2014 00:00:00 +0530 Mon, 13 Sep 2021 09:20:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297593 A written acknowledgment of debt supported by dishonoured cheques defeated the defendants' plea for leave to defend in a summary suit under Order XXXVII CPC, because the asserted fabrication defence was unsupported and was treated as illusory and moonshine. Leave to defend was therefore refused. The arbitration clause in the invoices also did not bar the civil suit, since liability had already been admitted in writing and no live dispute remained for arbitration; the objection under the Arbitration and Conciliation Act, 1996 failed. The defendants' applications were dismissed, and the plaintiff's recovery claim was allowed with costs and interest. Case-Laws Indian Laws Mon, 10 Nov 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297593