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Search Results for "default dismissal"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Restoration Application in Loan Default Case — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court upheld the trial court's order rejecting restoration of a suit dismissed in default, as the petitioner's explanation of pursuing a One Time Settlement was unsupported and the suit had been pending for years without progress.

6 Dec 2013

The petitioner, M/s Delux Plastic Industries, through its proprietor Mohd. Ejaz Mohd. Riyaz, had taken a loan of Rs.6,80,000/- from the respondent, Ma...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Dismissal in Default Under Order 9 Rule 9 CPC Does Not Bar Subsequent Suit for Partition. The bar under Order 9 Rule 9 CPC applies only when the earlier suit was dismissed in default and the subsequent suit is on the same cause of action; a suit for partition is a continuing cause of action and hence not barred.

16 Jun 2017

The case involves a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for partition and separate possess...

High Court

High Court of Karnataka Allows Revision Petition in Negotiable Instruments Act Case — Order of Acquittal Restored Due to Non-Prosecution by Complainant. The High Court held that the Sessions Court erred in restoring a complaint dismissed under Section 256 Cr.P.C. for non-appearance of the complainant, as the dismissal amounted to an acquittal and could not be set aside in revision.

9 Aug 2018

The petitioner, Smt. G. Kamala, was the accused in a complaint filed by the respondent, Umesh Shetty, under Section 138 of the Negotiable Instruments ...

High Court

Bombay High Court Dismisses Revision Against Condonation of Delay in Restoration of Suit — Limitation Period for Filing Restoration Application Not Governed by Article 137 of Limitation Act, 1963. The court upheld the trial court's order condoning a 10-year delay in filing restoration application, holding that Article 137 does not apply to restoration applications and the court has inherent power under Section 151 CPC.

14 Dec 2022

The present Civil Revision Application was filed by the applicants (original defendants) challenging the judgment and order dated 04.05.2022 passed by...

High Court

Karnataka High Court Hears Regular First Appeal Against Part Decree in Specific Performance Suit; Appellant Challenges Dismissal at Admission Stage Under Section 96 CPC. Scope of Section 96 CPC and Requirement of Full Hearing on Merits in Appeals Questioned; Trial Court Had Dismissed Specific Performance Claim for Lack of Readiness and Willingness but Ordered Refund of Advance.

3 Mar 2015

The appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (appellant) and defendant No.1 execute...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Commercial Suit — Appellant Failed to Show Sufficient Cause for Non-Appearance. The court held that the appellant's failure to appear despite service and the lack of a valid explanation for the delay in filing the application to set aside the decree disentitled it to relief under Order IX Rule 13 of the Code of Civil Procedure, 1908.

27 Nov 2020

The appellant, BVM Finance Private Limited, was the original defendant No.1 in a commercial suit filed by the respondent No.1, Vistra ITCL (India) Ltd...

High Court

High Court of Karnataka Quashes Show Cause Notice for Willful Defaulter Declaration Due to Lack of Application of Mind — Bank Issued Notice Without Considering Petitioner's Reply or Providing Adequate Opportunity Under RBI Master Circular.

25 Apr 2025

The petitioner, B.G. Chandrashekar, a borrower from Canara Bank, defaulted on a loan of Rs. 7,07,94,378/-. The bank initiated recovery proceedings und...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Eviction Petition Under Delhi Rent Control Act, 1958 Due to Res Judicata. The Second Eviction Petition Was Barred as the First Petition's Dismissal for Failure to Prove Landlord-Tenant Relationship Constituted a Decision on Merits Under Order 17 Rule 3 CPC, Attaining Finality Under Section 11 CPC.

29 Mar 2023

The appeal originated from an eviction petition under the Delhi Rent Control Act, 1958. The appellants, as landlords, filed a second eviction petition...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Compromise Cheque Dishonour Leads to Conviction as Accused Failed to Rebut Presumption of Legally Enforceable Debt.

12 Jan 2012

The case involves a criminal appeal filed by the complainant, Damodhar Murlidhar Bajaj, against the acquittal of the accused, Ratan Suryabhan Shinde, ...

High Court

High Court of Bombay Dismisses Appeal from Order Challenging Restoration of Suit Dismissed for Default; Holds Order Not Appealable Under Order 43 Rule 1(d) CPC. Order allowing restoration of suit dismissed under Order 9 Rule 3 for non-appearance of both parties is not an appealable order, and restoration on payment of costs was just and equitable.

25 Aug 2011

The judgment deals with an appeal from order challenging the restoration of a suit dismissed for default. The respondent had filed a suit on 10.06.200...

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