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Search Results for "Summary suit"

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High Court

Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

21 Jun 2012

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Freight and Demurrage Claim Based on Written Agreement. Defendant No.1's Liability Under Agreement Dated 18 July 2012 Confirmed as Unconditional Promise to Pay.

2 Apr 2014

The plaintiff, SJJ Marine Pte Ltd., filed a summary suit against the defendants, Pisces Exim (India) Pvt. Ltd. (defendant No.1) and another, for recov...

High Court

Bombay High Court Quashes 'C' Summary Report in Cheating Case — Directs Further Investigation Under Section 173(8) CrPC. Court finds that the investigating officer failed to examine crucial documents and witnesses, rendering the summary report premature and based on incomplete investigation.

27 Oct 2016

The petitioner, Dharmil Anil Bodani, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crim...

High Court

Bombay High Court Grants Summary Decree in Favor of Plaintiff for Recovery of Outstanding Amount for Supply of Ready-Mix Concrete. Court holds that defendant failed to appear despite service, and plaintiff established a prima facie case for summary judgment under Order XXXVII of CPC.

29 Nov 2019

The plaintiff, Skyway RMC Plants Pvt. Ltd., instituted a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908, for recovery...

High Court

Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

22 Apr 2024

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...

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 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

Bombay High Court Grants Summary Judgment in Favor of Plaintiffs in Leave and License Dispute — Defendant's Unconditional Appearance Precludes Leave to Defend. The Court held that the Defendant failed to raise any triable issues and was not entitled to leave to defend under Order XXXVII CPC.

9 Dec 2014

The Plaintiffs, M/s. Mangla International Pvt. Ltd. and others, filed a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908, a...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Amounts Based on Bills of Exchange. Disputed Questions of Fact Regarding Repayment and Interest Rates Require Trial Under Order XXXVII CPC.

9 Nov 2022

The judgment concerns two Commercial Summary Suits filed by a mother (Kavita G. Rajani) and her son (Gautam G. Rajani) against a common defendant, Sam...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Invoices, Setting Aside Condition of Deposit. Court holds that stand-alone invoices without a written agreement do not constitute a 'written contract' under Order 37 CPC, and prior pending suit for damages and specific performance raises triable issues entitling defendant to unconditional leave.

23 Mar 2018

The petitioner, Olive Tree Trading Pvt. Ltd., was the defendant in Special Summary Suit No. 153 of 2016 filed by the respondent, F.lli De Cecco Di Fil...

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