Search Results for "Order XXXVII"

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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.

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

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Gujarat High Court Dismisses Petition Challenging Conditional Stay in Commercial Suit Execution. Condition to Deposit Entire Decreetal Amount for Stay of Ex-Parte Decree Upheld as Valid Exercise of Appellate Court's Discretion Under Order XLI Rule 5 CPC.

The petitioners, Jai Mata Engineering Limited and another, were defendants in Commercial Civil Suit No. 7 of 2023 before the Principal Senior Civil Ju...

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High Court Sets Aside MACT Order Deleting Insurance Company in Motor Accident Claim -- Premature Deletion Without Evidence Violates Natural Justice -- Reinstatement of Party for Proper Adjudication Under Motor Vehicles Act

The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz ...

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Bombay High Court Dismisses Tilaknagar's Injunction Claim in Trademark Passing Off Dispute Over MANSION HOUSE and SAVOY CLUB. Court Holds That 1987 Agreements Ceding Trademarks Were Conditional and Revocable, and Tilaknagar Failed to Establish Exclusive Ownership.

The judgment arises from a commercial IPR suit involving a counterclaim by Tilaknagar Industries Ltd. (Tilaknagar) against Herman Jansen Beverages Ned...

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Bombay High Court Dismisses Petition Challenging Conditional Leave to Defend in Commercial Summary Suit. Condition of Deposit of Rs. 18 Lakhs Upheld as Not Perverse or Arbitrary Under Order XXXVII of Code of Civil Procedure, 1908.

The Petitioner (Defendant in the suit) filed a Writ Petition under Article 227 of the Constitution of India challenging the order dated 05.07.2023 pas...

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Bombay High Court Upholds Validity of GST Circulars on Input Tax Credit Reversal for Exempted Supplies. Circulars Clarifying Section 17(2) of CGST Act, 2017 Held Not Ultra Vires as They Merely Interpret Existing Provisions.

The petitioner, Fomento Resorts and Hotels Ltd., a company incorporated under the Indian Companies Act, 1956, challenged the validity of Circular No.3...

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Bombay High Court Dismisses Sarpanch's Petition Challenging No-Confidence Motion. Disqualification under Section 14(1)(j-1) of the Maharashtra Village Panchayats Act, 1959 applies only to candidates for election, not to sitting members, and the no-confidence motion was validly passed.

The Petitioner, Vitthal Rajaram Shitole, was the Sarpanch of Gram Panchayat Koregaonmul. He filed a writ petition challenging a no-confidence motion p...

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Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...