https://www.taxtmi.com/caselaws?id=465247 A loan-based suit supported by a loan agreement, promissory note, receipt and post-dated cheques was treated as a commercial dispute because the transaction was business-like, interest-bearing and tied to mercantile documents. On summary judgment, the court applied the Order XIIIA test that relief is appropriate only where the defendant has no real prospect of defending the claim and no compelling reason for trial. The defence was regarded as highly improbable, but not so clear-cut as to justify an outright summary decree, particularly given issues surrounding the equitable mortgage, cancellation deed and the alleged cash nature of the loan. A conditional deposit was therefore used to balance expedition and fairness. en-us Mon, 27 Mar 2023 00:00:00 +0530 Fri, 12 Dec 2025 20:19:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=465247 A loan-based suit supported by a loan agreement, promissory note, receipt and post-dated cheques was treated as a commercial dispute because the transaction was business-like, interest-bearing and tied to mercantile documents. On summary judgment, the court applied the Order XIIIA test that relief is appropriate only where the defendant has no real prospect of defending the claim and no compelling reason for trial. The defence was regarded as highly improbable, but not so clear-cut as to justify an outright summary decree, particularly given issues surrounding the equitable mortgage, cancellation deed and the alleged cash nature of the loan. A conditional deposit was therefore used to balance expedition and fairness. Case-Laws Indian Laws Mon, 27 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=465247