Esquire (Garments) Industry Ltd. v. Sadhwani (Japan) Ltd. – sllr 1983 volume 2 page 242

In the case between ESQUIRE (Garments) Industry Ltd. and Sadwhani (Japan) Ltd., the court addressed the issue of whether triable issues existed regarding the acceptance of bills of exchange and compliance with procedural requirements, such as the production of originals and the authority of signatories. It was held that these irregularities and discrepancies constituted material triable issues, necessitating an opportunity for the defendant to defend unconditionally under sections 704, 705, and 706 of the Civil Procedure Code. The holding reaffirmed the principle that summary judgment procedures should not preclude a defense where bona fide and substantial questions arise. The decision set aside the prior order requiring security, emphasizing fair access to judicial process and clarifying