BHARAT BARREL & DRUM MFG CO. vs AMIN CHAND PAYERALAL — C.A. No. 4576/1997

Case under Section XVI. Status: Disposed.

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

Section XVI

Petitioner(s)

  1. 1.BHARAT BARREL & DRUM MFG CO.

    Adv. ASHOK MATHUR

Respondent(s)

  1. 1.AMIN CHAND PAYERALAL

    Adv. PRADEEP KUMAR BAKSHI (Dead / Retired / Elevated)

Case History

  1. Case disposedDisposed

  2. 18-Feb-1999

    Judgment - of Main CaseView PDF

  3. 12-Apr-1997

    Case filed

    Registration No. C.A. No. 4576/1997

casestatus.in Summary

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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