Search Results for "written claim"

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High Court

High Court of Judicature at Bombay Dismisses Writ Petition Seeking Enforcement of Expired Bank Guarantees — Claim Barred by Failure to Lodge Written Claim Within Validity Period. Non Obstante Clause in Bank Guarantee Released Bank from Liability as No Written Claim Was Lodged Before 31 May 2011, and Personal Guarantee Under Insolvency and Bankruptcy Code, 2016 Did Not Apply Because Guarantee Expired Prior to CIRP.

6 Aug 2025

The dispute arose from a writ petition filed by the Commissioner of Customs (Export) before the High Court of Judicature at Bombay, seeking a writ of ...

High Court

Bombay High Court Upholds Trial Court Order Allowing Counter Claim in Partition Suit — Order VIII Rule 6A CPC Permits Filing Before Expiry of Time for Defence. Counter claim filed after written statement but within time for delivering defence is maintainable under Order VIII Rule 6A CPC.

19 Jul 2017

The petitioners, Pradeep Kashinathrao Kalyankar and Sow. Pramila Pradeep Kalyankar, filed a Regular Civil Suit (RCS No. 136 of 2013) seeking a declara...

High Court

Bombay High Court Allows Writ Petition in CPC Counter-Claim Procedure — Plaintiff Must File Written Statement to Counter-Claim Within 30 Days Under Order VIII Rule 1 CPC. Order VIII Rule 1 CPC Applies to Plaintiff's Written Statement to Counter-Claim Under Order VIII Rule 6A CPC, and Non-Compliance Can Lead to Striking Off Defence.

14 Jun 2011

The petitioner, Shriram EPC Ltd., was the original plaintiff in a suit for specific performance and alternative money decree. The respondent, Maharash...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court's Order Allowing Counter-Claim in Property Suit. Amendment of Plaint After Issues Settled Constitutes Exceptional Circumstance Justifying Filing of Counter-Claim Under Order VIII Rule 6-A CPC.

28 Feb 2025

The petitioner, Vijaymala Sidling Doijad, filed a suit (Regular Civil Suit No.1056 of 2006) seeking injunction against the State of Maharashtra and th...

High Court

High Court of Judicature at Bombay Dismisses Second Appeal in Civil Suit for Declaration and Injunction — Plaintiff Failed to Prove Ownership Based on Partition Deed. Court Holds That Failure of Defendant to File Written Statement Does Not Entitle Plaintiff to Automatic Decree Under Order 8 Rule 10 and Order 12 Rule 6 of Code of Civil Procedure, 1908; Plaintiff Must Prove Claim to the Satisfaction of Court.

10 Apr 2018

The matter arose from a Special Civil Suit filed by the appellant, the original plaintiff, seeking declaration, damages, and permanent injunction over...

High Court

Madras High Court Allows Counter-Claim Filed After Trial Commenced in Commercial Suit — Liberty Granted by Supreme Court to File Additional Pleadings Overrides Procedural Bar. The court held that the Supreme Court's order granting liberty to file additional pleadings includes the right to file a counter-claim, and the trial court erred in returning it.

30 Jan 2026

The respondent/plaintiff filed a commercial suit for recovery of Rs.2,84,85,962/- based on promissory notes. The petitioners/defendants filed a civil ...

High Court

Bombay High Court Allows Counter-Claim in Civil Suit Under Order VIII Rule 6A CPC — Rejects Trial Court's View That Counter-Claim Must Be Filed Only After Written Statement. The court held that a counter-claim can be filed after written statement but before settlement of issues, and the trial court's rejection was erroneous.

15 Jun 2026

The petitioners, Mandar Suresh Bhatwadekar and Dr. Shrirang Arun Limaye, were defendants in two civil suits (RCS/2249/2019 and RCS/2248/2019) filed by...

High Court

High Court Dismisses Defendants' Writ Petition Against Rejection of Leave to File Additional Written Statement in Civil Suit - Trial Court Properly Exercised Discretion Under Order VIII Rule 9 CPC to Prevent Withdrawal of Admissions and Belated Counter-Claim.

25 Mar 2026

The dispute originated from a Leave and Licence Agreement dated 1 August 2018, where the respondent-plaintiff was granted licence to occupy premises b...

Supreme Court

Supreme Court Interprets Applicability of Written Statement Time Limit to Counter-Claim in Commercial Suits. The Court Examined Whether the 120-Day Limit Under Order VIII Rule 1 CPC Applies to Plaintiffs' Reply to Counter-Claims Governed by the Commercial Courts Act, 2015.

19 Jul 2026

This matter arose from a commercial suit for recovery of money filed by the appellants (plaintiffs) against the respondents (defendants). The defendan...

Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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