Search Results for "commercial summary suit"

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Search Results for "commercial summary suit"

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High Court

Bombay High Court Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

6 Apr 2026

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

High Court

High Court of Karnataka Allows Commercial Appeal in Part, Sets Aside Trial Court's Rejection of Rent Arrears Claim in Eviction Suit. The court held that the claim for arrears of rent from 01.04.2000 to 30.11.2021 was not barred by limitation as the tenancy continued and the suit was filed within three years from termination.

19 Dec 2025

The appellants, Smt. Sarojamma and others, filed a commercial suit (Com.O.S.No.124/2023) before the LXXXVII Additional City Civil and Sessions Judge, ...

High Court

Bombay High Court Grants Interim Stay on Personal Guarantee Enforcement in CDR Failure Case — Deed of Guarantee Held Not Enforceable Due to Conditional Nature and Subsequent Termination Events. The court found that the guarantee was conditional upon CDR sanction and automatically terminated upon CDR failure and the guarantor's resignation, making it unenforceable against the personal guarantor.

14 Dec 2024

The Plaintiff, Deepen Arun Parekh, filed a suit seeking a declaration that the Deed of Guarantee dated 10 April 2014 executed by him in favour of the ...

Supreme Court

Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

1 Oct 2024

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

High Court

High Court Upholds Rent Control Act, Denying Britannia’s Claim for Market Rent

8 Aug 2024

The fixation of standard rent for an upscale apartment in Mumbai, which was rented to Maya Sunil Alagh, the wife of Britannia's former Managing Direct...

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,...

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 Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance for credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

28 Jul 2011

The plaintiffs, IAL Logistics India, a freight forwarding company, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against d...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Diamond Recovery — Jangad Notes Held to Be Mere Acknowledgments of Entrustment Without Promise to Pay, Raising Triable Issues Under Order 37 CPC.

22 Dec 2005

The plaintiff, Divyesh K. Kothari, filed a summary suit against M/s. Aatam Gems and its partners (defendants) for recovery of Rs.25,67,850/- with inte...

High Court

Bombay High Court Allows Summons for Judgment in Favour of Confirming Bank in Letter of Credit Dispute. Confirming Bank's Right to Recover from Issuing Bank Upheld Despite Allegations of Fraud in Underlying Transaction.

28 Oct 2005

The plaintiff, UBS AG, a foreign bank, filed three summary suits against three Indian banks (State Bank of Patiala, Federal Bank Ltd, and United Weste...

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