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 2005The plaintiff, Niskalp Investments & Trading Company Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defen...




