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Search Results for "Leave to defend"

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High Court

Bombay High Court Allows Conditional Leave to Defend in Commercial Summary Suit for Recovery of Money — Defendant Directed to Furnish Bank Guarantee for 75% of Claim. Court holds that where defence is not bona fide, leave to defend may be granted on condition of furnishing security under Order XXXVII Rule 3 CPC.

26 Sep 2023

The plaintiffs, Agarwal Associates & Agencies and Smt. Manju Agarwal, filed a Commercial Summary Suit No. 15 of 2022 before the Bombay High Court agai...

High Court

Bombay High Court Allows Summary Suit for Recovery of Professional Fees by Chartered Accountant. Plaintiff entitled to decree under Order XXXVII CPC as defendants failed to obtain leave to defend.

1 Sep 2023

The plaintiff, a Chartered Accountant, filed a summary suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 against the defendants for ...

High Court

Bombay High Court Partially Allows Writ Petition in Summary Suit Leave to Defend Case — Condition of 25% Deposit Reduced to 10%. The court held that where triable issues are raised, leave to defend should ordinarily be unconditional, and a condition of deposit should only be imposed in exceptional circumstances.

2 Aug 2023

The case involves a dispute between real brothers over a summary suit filed by the respondent (Akhtar Parvez Maimoon) against the petitioners (AMA Ind...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan — Defendant Raises Triable Issue Regarding Nature of Transaction as Payment for Machinery, Not Loan.

29 Aug 2023

The plaintiff, Anjali Sales Corporation, filed a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 (CPC) seeking a decree fo...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Suit for Recovery of Investment Amount Under Order XXXVII CPC — Defendants Failed to Disclose Triable Issues or Obtain Leave to Defend. The court held that the guarantors are jointly and severally liable for the defaulted investment amount with contractual interest under the investment agreement and guarantee.

29 Aug 2023

The plaintiff, India Realty Excellence Fund II LLP, a limited liability partnership registered as a Category-II Alternative Investment Fund under SEBI...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Summary Suit for Recovery of Goods Sold and Delivered. Court holds that defendant's defense is sham and moonshine, lacking triable issues, and that the suit is maintainable under Order XXXVII CPC.

29 Aug 2023

The plaintiff, Gini Tex Private Limited, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

High Court

Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

9 Jun 2023

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

High Court

Bombay High Court Dismisses Summary Judgment in Commercial Suit for Unpaid Rent, Grants Unconditional Leave to Defend. Triable issues raised regarding termination of lease and liability of partners under the Indian Partnership Act, 1932.

19 Jun 2023

The plaintiff, PVR Ltd., filed a Commercial Summary Suit against the defendants, Proetus Ventures LLP and its partners, Shardul Bayas and Abhinay Rame...

High Court

Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer.

23 Jun 2023

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,...

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