Search Results for "Leave to Defend"

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Search Results for "Leave to Defend"

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High Court

Bombay High Court Dismisses Licensee's Petition Challenging Eviction Order Under Maharashtra Rent Control Act — Licensee Cannot Claim Right to Continue Occupation After Expiry of License Term. The Court held that a licensee must vacate upon expiry of the license period and cannot resist eviction by claiming additional security deposit or improvements without proof.

5 May 2026

The Petitioner, Mohammed Arbaaz Aziz Farooqui, was a licensee of Flat No. 143, B-Wing, 14th floor, Heera Panna CHS, Tulsiwadi, Mumbai, under a registe...

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

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Loan Recovery — Bombay Money Lenders Act Defence Rejected as Suit Based on Negotiable Instruments. The court held that the suit based on cheques and bills of exchange is not barred under the Bombay Money Lenders Act, 1946, and the appellant must deposit the principal amount of Rs.67 crores as a condition for leave to defend.

20 Nov 2014

The appeal arises from an order of the learned Single Judge granting the appellant (original defendant) leave to defend the summary suit conditional u...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Price of Goods Sold and Delivered — Appellant Required to Deposit Rupee Equivalent of Euro Claim as Condition for Leave to Defend.

28 Aug 2014

The respondent, Evonik Degussa GmbH, filed a summary suit against the appellant, Aksh Optifibre Limited, for recovery of Euros 11,37,866.30 being the ...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Order Under Maharashtra Rent Control Act. Competent Authority's Order for Possession Upheld Due to Non-Payment of Rent and Unauthorized Subletting.

3 Apr 2014

The petitioner, AMI Merchandising Pvt. Ltd., filed a writ petition under Article 227 of the Constitution challenging the judgment and order dated 14/0...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Freight and Demurrage Claim Based on Written Agreement. Defendant No.1's Liability Under Agreement Dated 18 July 2012 Confirmed as Unconditional Promise to Pay.

2 Apr 2014

The plaintiff, SJJ Marine Pte Ltd., filed a summary suit against the defendants, Pisces Exim (India) Pvt. Ltd. (defendant No.1) and another, for recov...

High Court

Bombay High Court Upholds Decree in Summary Suit Based on Dishonoured Cheque — Insufficient Funds Endorsement Establishes Liability Under Negotiable Instruments Act. Directors of Company Held Jointly and Severally Liable for Cheque Amount with Interest.

20 Mar 2014

The respondent, M/s S.P. Fabritech, filed a summary suit (Regular Civil Suit No.58 of 2011) against the appellants, M/s Aarti InfraProjects Pvt. Ltd. ...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

24 Feb 2014

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...

High Court

Bombay High Court Dismisses Revision Against Order Granting Unconditional Leave to Defend in Summary Suit for Recovery of Possession and Arrears of Rent. Tenant's Defence Raising Triable Issues Regarding Title and Attornment Entitles Tenant to Leave to Defend Under Order 37 CPC.

30 Nov -0001

The present civil revision application was filed by the Indian Oil Corporation Ltd. (the original defendants) against the order dated 30-01-2013 passe...

High Court

Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

30 Nov -0001

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...

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