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High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Loan Recovery Suit Based on Written Contracts and TDS Certificate. Loan advanced under written agreements and TDS certificate issued by defendant establishes debt; defendant's defence of no written contract rejected as moonshine.

10 Aug 2012

The plaintiff, Mohandas I. Chatlani, filed a summary suit against the defendant, Varad L. Ullal, for recovery of Rs.72,68,750/- with interest. The sui...

High Court

Bombay High Court Dismisses Commercial Summary Suit for Failure to Take Out Writ of Summons and Summons for Judgment Within One Year of Filing. Plaintiff's Delay in Serving Process Leads to Dismissal Under Order XXXVII Rule 2 and Section 16 of Commercial Courts Act, 2015.

1 Sep 2023

The plaintiff, Hikal Limited, filed a Commercial Summary Suit (CSS) against the defendant, Paxchem Limited, on 28 September 2021. The suit was filed u...

High Court

Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

26 Feb 2020

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

30 Jan 2018

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Management Fees. Agreement for Development of Property by Family Members Not a Commercial Transaction Entitling Summary Procedure Under Order 37 CPC.

19 Jul 2011

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of ₹3,70...

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 unconditional leave to defend application is not maintainable as no triable issues raised.

29 Aug 2023

The plaintiff, M/s. Gini Silk Mills Ltd, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

9 Aug 2021

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

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

Bombay High Court Allows Summary Judgment for Recovery of Outstanding Payment for Goods Supplied — Confirmation of Debt and Part Payment Establishes Liability. The court held that a summary suit for recovery of debt is maintainable even on a running account when the debtor has confirmed the debt and made part payments, and the suit is within limitation.

15 Sep 2011

The plaintiff, The Paper Products Ltd., filed a summary suit against the defendant, M/s. Venkataramana Food Specialties Ltd., for recovery of Rs. 16,0...

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