The Hon’ble Commercial Court, Dwarka Courts, Delhi, vide order dated 21.05.2026, allowed the Defendant’s application seeking leave to defend in the summary suit filed by the Plaintiff for recovery of Rs. 5,52,654/-. The Court observed that the Defendant had raised substantial and triable issues which cannot be decided in a summary manner and require full trial and evidence. The Court particularly noted the Defendant’s stand that the cheque relied upon by the Plaintiff was issued merely as a security cheque and not towards discharge of any legally enforceable liability.
The Court further found inconsistencies in the Plaintiff’s case, observing that although the Plaintiff claimed business dealings till November 2025, no invoices after March 2025 were placed on record and even the ledger account did not reflect transactions after 29.04.2025. The Court also observed that the invoices filed by the Plaintiff did not bear the Defendant’s stamp, seal, or acknowledgment and that no delivery challans or proof of delivery were placed on record.
Additionally, the Court noted that the handwriting on the cheque appeared to be in different ink and pen, lending support to the Defendant’s contention that the cheque was issued only as security. In view of these circumstances, the Court held that the defence raised by the Defendant was neither sham nor frivolous and accordingly granted unconditional leave to defend , directing that the matter proceed to regular trial.