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Search Results for "commercial summary suit"

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High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Suit for Recovery of Investment Amount Under Order XXXVII CPC — Defendants Failed to Disclose Triable Issues or Obtain Leave to Defend. The court held that the guarantors are jointly and severally liable for the defaulted investment amount with contractual interest under the investment agreement and guarantee.

29 Aug 2023

The plaintiff, India Realty Excellence Fund II LLP, a limited liability partnership registered as a Category-II Alternative Investment Fund under SEBI...

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 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 Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

28 Sep 2022

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...

High Court

High Court of Karnataka Allows Revision Petition in Summary Suit Case — Sets Aside Leave to Defend Granted to Defendant Due to Lack of Triable Issues. The court held that unconditional leave to defend cannot be granted unless the defendant raises triable issues under Order XXXVII Rule 3(5) CPC.

7 Apr 2022

The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chall...

High Court

Bombay High Court Dismisses Review Petition with Costs in Arbitration Appointment Case. Review Petition Found Misconceived, Mischievous, and Vexatious Under Commercial Courts Act, 2015.

4 Aug 2021

The Bombay High Court dismissed a Review Petition filed by Priyanka Communications (India) Pvt Ltd and others (the Agarwals) against an order appointi...

High Court

Bombay High Court Allows Appeal Against Order for Possession of Bungalow in Execution of Consent Decree — Third Party Claim of Ownership Requires Proper Inquiry. Court Receiver Not to Take Possession of Property Claimed by Appellant Under Registered Sale Deed Without Adjudication Under Order XXI Rule 58 of Code of Civil Procedure, 1908.

25 Sep 2018

The appellant, Gunjan Pujit Aggarwal, filed an appeal against an order dated 25 July 2018 passed by a learned Single Judge of the Bombay High Court in...

High Court

Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

8 Oct 2015

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Construction Payment — Triable Issues Raised Regarding Existence of Contract and Quantum of Work Done. The court held that denial of contract and disputed bills constitute triable issues entitling defendant to unconditional leave to defend under Order 37 CPC.

17 Aug 2012

The plaintiff, Mohammed Arif Akbar Hussain, filed a summary suit against M/s. A.R. Enterprises and others for recovery of Rs.1,29,00,383/- with intere...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Rs. 8.67 Crores Based on Share Buyback Agreement — Triable Issues Raised Regarding Non-Performance of Conditions Precedent and Liability of Defendant. The court held that where the claim is for liquidated damages for breach of a buyback agreement, it may not be a liquidated demand under Order 37 CPC, and the defendant is entitled to unconditional leave to defend if triable issues are raised.

19 Oct 2005

The plaintiff, Niskalp Investments & Trading Company Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defen...

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