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Search Results for "commercial summary suit"

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High Court

Bombay High Court Allows Petition in Summary Suit for Recovery of Debt — Sets Aside Unconditional Leave to Defend. The court held that when a defendant admits liability except for a small disputed portion, conditional leave to defend must be granted with a direction to deposit the undisputed amount under Order 37 CPC.

11 Jun 2026

The petitioner, Shrihari Traders, filed a summary suit (Summary Suit No.11 of 2015) against the respondent, Choudhary & Choudhary (India) Ltd., for re...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC — Held That Plaint Disclosed Cause of Action and Court Fees Issue Was Curable. The Court restored the suit for trial, emphasizing that the High Court impermissibly conducted a mini-trial at the threshold stage.

21 Apr 2026

The appellant, M/s. Marg Limited, a real estate developer, purchased land in Chennai in 2002 and constructed a commercial IT building. In 2011 and 201...

High Court

Gujarat High Court Allows Appeal Against Ex-Parte Decree in Summary Suit for Recovery of Goods Price Due to Improper Service of Summons. Service of Summons in Prescribed Form Under Order 37 Rule 3 CPC is Mandatory and Failure to Serve Properly Renders Ex-Parte Decree Liable to Be Set Aside.

10 Mar 2026

The case arises from a commercial dispute between the appellants (defendants) and the respondent (plaintiff) concerning the recovery of money for good...

High Court

High Court Dismisses Application for Rejection of Plaint in Commercial Suit Based on Triable Issues of Limitation and Cause of Action. Application under Order VII Rule 11 CPC Rejected as Plaintiff Disclosed Cause of Action Through Trust Deed and Pleaded Continuing Breach Under Section 22 Limitation Act, Making Suit Maintainable.

9 Mar 2026

The dispute arose from a commercial suit filed by the plaintiff, against Applicant, seeking specific performance of a contract dated 2nd February 2008...

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 defense is sham and moonshine, lacking triable issues, and that the suit is maintainable under Order XXXVII CPC.

29 Aug 2023

The plaintiff, Gini Tex Private Limited, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

High Court

High Court of Karnataka Allows Appeal in Summary Suit for Recovery of Money — Defendant Granted Leave to Defend as Triable Issues Exist. The court set aside the decree and remanded the matter for trial, holding that the trial court erred in not granting leave to defend under Order 37 Rule 3(6)(a) CPC.

23 Aug 2023

This appeal by the defendant is directed against the judgment and decree dated January 25, 2010 in O.S. No. 15450/2005 passed by the XXVI Addl. City C...

High Court

High Court of Karnataka Allows Appeal in Possession Suit — Appellant's Adverse Possession Claim Fails Due to Lack of Evidence of Hostile Possession and Non-Payment of Court Fee on Counterclaim. The court held that mere long possession without hostile animus does not constitute adverse possession under the Limitation Act, 1963.

17 Nov 2021

The present appeal arises from a decree for possession passed by the trial court in O.S.No.77/1999. The respondents (plaintiffs) claimed that the suit...

High Court

Bombay High Court Dismisses Judgment Debtor's Application to Set Aside Consent Decree in Commercial Execution — Consent Decree Not a Nullity Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That Undertakings Given to Court Cannot Be Unilaterally Withdrawn and Execution Proceedings Are Continuation of Suit.

13 Jul 2018

The case involves a Chamber Summons filed by the original Judgment Debtor No.2 (Firoz A Nadiadwala) and his proprietary firm Base Industries Group see...

High Court

Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims.

9 Mar 2016

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co.,...

High Court

Bombay High Court Dismisses Winding-Up Petitions for Non-Prosecution Due to Non-Compliance with Directions. Failure to File Affidavit of Documents and Appear Before Court Leads to Dismissal Under Rule 34 of the Companies (Court) Rules, 1959.

30 Nov -0001

The judgment concerns two company petitions (CP 496/2014 and CP 497/2014) filed by Janak Herkishen Vaswani and Mrs. Renuka Herkishen Vaswani respectiv...

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