Search Results for "Order 37 CPC"

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Search Results for "Order 37 CPC"

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High Court

Bombay High Court Dismisses Appeal Against Summary Judgment in Commercial Contract Dispute. Exclusive Jurisdiction Clause in Purchase Order Held Inapplicable as No Cause of Action Arose at Stipulated Venue.

1 Apr 2013

The respondent, Shell Life Sciences Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the appellant, Aglowm...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Conducting Agreement — Triable Issues Raised Regarding Dishonour of Cheques and Breach of Contract. Court Held That Defendant Raised Triable Issues Including Whether Cheques Were Towards Security or Payment, and Whether Plaintiff Committed Breach of Contract Under Order 37 of Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Goculdas Dossa & Company, a registered partnership firm, filed a summary suit against the defendant, Kirtikumar Mulji Thakkar, sole pro...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Demurrage Charges — Triable Issues Raised Regarding Liability for Storage Charges After Goods Returned from Export. Court Held That Claim Was Not an Undisputed Debt and Defendants Had a Fair Chance to Defend Under Order 37 Rule 3 CPC.

24 Aug 2012

The plaintiff, E.M.U. Lines Private Limited, a shipping company, filed a summary suit against the defendants, M/s. Blue Ocean Lines Pvt. Ltd. and its ...

High Court

Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

21 Mar 2006

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Diamond Recovery — Jangad Notes Held to Be Mere Acknowledgments of Entrustment Without Promise to Pay, Raising Triable Issues Under Order 37 CPC.

22 Dec 2005

The plaintiff, Divyesh K. Kothari, filed a summary suit against M/s. Aatam Gems and its partners (defendants) for recovery of Rs.25,67,850/- with inte...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Recovery of Goods Sold — Defendant Denies Proprietorship and Receipt of Goods. The court held that the defendant raised triable issues under Order 37 CPC, entitling him to unconditional leave to defend.

15 Dec 2005

The plaintiff, Mrs. Neelam M. Gurdasani, filed a summary suit against the defendant, Mr. Vimalbhai, for recovery of Rs. 85,500/- with future interest ...

High Court

Bombay High Court Allows Summons for Judgment in Favour of Confirming Bank in Letter of Credit Dispute. Confirming Bank's Right to Recover from Issuing Bank Upheld Despite Allegations of Fraud in Underlying Transaction.

28 Oct 2005

The plaintiff, UBS AG, a foreign bank, filed three summary suits against three Indian banks (State Bank of Patiala, Federal Bank Ltd, and United Weste...

High Court

Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Agreement Dispute. Option to Purchase Not Exercised Does Not Convert Licence into Sale.

27 Oct 2005

The plaintiff, Polaroid India P.Ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of Rs.1,60,00,000/- being ...

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...

High Court

Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment. Defendants Granted Unconditional Leave to Defend as They Had Disclosed a Defence in Earlier Affidavit.

8 Apr 2005

The plaintiff filed a summary suit against the defendants for recovery of a loan. The defendants filed an affidavit in reply to an attachment before j...

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