BHARAT BARREL & DRUM MFG CO. vs AMIN CHAND PAYERALAL — C.A. No. 4576/1997
Case under Section XVI. Status: Disposed.
CNR: SCIN010066811997
Filing Date
12-Apr-1997
Registration No
C.A. No. 4576/1997
Diary Number
6681/1997
Order Date
18-Feb-1999
Document Type
Judgment - of Main Case
Disposal Type
Dismissed
Last updated 03-Jun-2026
Acts & Sections
Petitioner(s)
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1.BHARAT BARREL & DRUM MFG CO.
Adv. ASHOK MATHUR
Respondent(s)
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1.AMIN CHAND PAYERALAL
Adv. PRADEEP KUMAR BAKSHI (Dead / Retired / Elevated)
Case History
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Case disposedDisposed
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18-Feb-1999
Judgment - of Main CaseView PDF
-
12-Apr-1997
Case filed
Registration No. C.A. No. 4576/1997
Case Summary: Bharat Barrel & Drum Manufacturing Co. v. Amin Chand Payeralal Decision: Supreme Court allowed the plaintiff's appeal and decreed the suit for Rs. 6,51,900 with 6% interest, holding that the defendant failed to discharge the initial burden of disproving consideration under Section 118 of the Negotiable Instruments Act. Key Reasoning: The Court clarified that while Section 118 raises a presumption of consideration once a promissory note's execution is admitted, this is a rebuttable presumption. The defendant must bring on record facts and circumstances making non-existence of consideration probable; mere denial is insufficient. Since the defendant's evidence was rejected and he failed to establish the note was collateral security rather than a loan, the presumption favoring consideration was not rebutted, entitling the plaintiff to decree. This case analysis is maintained by casestatus.in based on publicly available court records.
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