Search Results for "statutory defences"

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Search Results for "statutory defences"

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High Court

High Court of Karnataka Allows Writ Petition Challenging Order Imposing Bank Guarantee Condition in Summary Suit; Holds Unconditional Leave to Defend is Mandatory When Substantial Defence is Disclosed Under Order 37 Rule 3(5) of Code of Civil Procedure, 1908. Commercial Court's Condition Set Aside as Statute Dictates No Condition for Substantial Defence.

24 Jul 2026

The matter arose from a writ petition under Article 227 of the Constitution of India filed by the defendant in a commercial summary suit, challenging ...

High Court

Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

16 Jul 2012

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

29 Jul 2019

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

High Court

Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

8 May 2015

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Price of Goods — Triable Issues Raised Regarding Authority to Sue, Limitation, and Replacement Goods. The court held that the defendant's defences raised triable issues under Order 37 of the Code of Civil Procedure, 1908, warranting unconditional leave to defend.

31 Aug 2012

The plaintiff, M/s. Bombay Trading Co., a partnership firm manufacturing Ayurvedic products, filed a summary suit against the defendant, M/s. Jai Sant...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Quash Summons in Cheque Dishonour Case — Factual Defences Cannot Be Adjudicated Under Section 482 CrPC. Legal Presumption Under Section 139 of Negotiable Instruments Act, 1881 Favours Complainant at Pre-Trial Stage.

1 Jan 2022

The appellant, Rathish Babu Unnikrishnan, was the accused in a criminal complaint filed by Satish Gupta (respondent no. 2) under Section 138 of the Ne...

High Court

Bombay High Court Convicts Directors for Default in Filing Statement of Affairs Under Section 454(5) of Companies Act, 1956 — Failure to Submit Statement Despite Repeated Court Orders and Notices Constitutes Offence Without Reasonable Excuse.

1 Oct 2025

The Official Liquidator of M/s. Geeta Marine Services Pvt. Ltd. filed a complaint under Section 454(5) of the Companies Act, 1956 against four accused...

High Court

Bombay High Court Dismisses Winding-Up Petition Under Sections 433 and 434 of Companies Act, 1956 — Guarantee Debt Disputed on Grounds of Foreign Law and Lack of Service of Statutory Notice. Court holds that a winding-up petition based on a guarantee governed by Malaysian law cannot be adjudicated summarily without proof of debt under Indian law and proper service of demand notice.

27 Jan 2006

The case involves a winding-up petition filed by Malaysian International Trading Corporation Sdn Bhd and another (the petitioners) against Mega Safe D...

High Court

High Court of Judicature at Bombay Aurangabad Bench Considers Applications to Quash Process Issued Under Section 138 of the Negotiable Instruments Act, 1881 for Want of Specific Averments Under Section 141. Applicants, Former Directors, Assert They Ceased to Be Directors Before the Offence and Were Not in Charge of Daily Affairs.

6 May 2014

The High Court of Judicature at Bombay, Aurangabad Bench heard three criminal applications filed under Section 397 read with Section 482 of the Code o...

High Court

Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

22 Dec 2014

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...

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