Pernod Ricard India Private Limited vs Khao Gali Restaurants Private Limited & ... on 23 August, 2024
72. Reliance placed on Standard Chartered Bank (supra) is also
misplaced as the case of the defendant therein was based on the fraud
committed by the plaintiffs therein and had caused a wrongful loss to
the defendant therein. Based on the report of Comptroller and Auditor
General of India and Central Vigilance Commission, the Court therein
was of the view that the case requires full scale trial on oral and
documentary evidence whereas in the present case, there is no such
report. In addition, the said judgment does not deal with the principles
for grant/rejection of leave to defend and the observations made are in
the passing.