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Search Results for "Summary suit"

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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 Appeal Against Summary Decree in Dishonoured Cheque Case — Interest at 18% p.a. under Section 80 of Negotiable Instruments Act, 1881. Cheque is an 'instrument' under Section 80, entitling payee to interest at 18% per annum from date of presentation.

11 Jun 2014

The appeal arises from an order making a Summons for Judgment absolute and decreeing a suit for recovery of Rs.64,02,308/- with interest at 18% p.a. f...

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 Allows Appeal Against Order Rejecting Plaint in Property Suit — Limitation Period for Suit Under Section 6 of Specific Relief Act, 1963 Is Six Months from Date of Dispossession, Not from Date of Knowledge. Plaint cannot be rejected under Order 7 Rule 11 CPC based on disputed facts regarding possession.

30 Nov -0001

The appellant, Ganpat Shankar Chougule, filed a suit in the Bombay City Civil Court seeking possession of a property under Section 6 of the Specific R...

High Court

Bombay High Court Allows Appeal in Summary Suit Recovery Case — Conditional Leave to Defend Set Aside as Unjust. Court holds that imposing a condition of deposit of substantial amount without considering the defendant's financial capacity and the nature of defence is illegal and contrary to principles of Order 37 CPC.

3 Aug 2006

The case arises from a first appeal against a decree passed in Summary Suit No. 538 of 1983 by the Bombay City Civil Court. The respondent, M/s. Ilac ...

High Court

Bombay High Court Allows Appeal Under Section 6 of Specific Relief Act for Possession Based on Prior Possession. The court held that the appellant had established prior possession and dispossession without consent, entitling her to a decree for possession under Section 6 of the Specific Relief Act, 1963.

9 Jan 2006

The appellant, Cian De Souza, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking vacation and peaceful possession of Flat No.4, Ha...

High Court

Bombay High Court Dismisses Appeal by Official Liquidator Against Summary Decree for Non-Filing of Written Statement. Failure to Raise Defence Despite Leave to Defend Granted Under Order 37 CPC Leads to Dismissal of Appeal.

24 Sep 2013

The respondent, Prabha P. Shenai, instituted a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against M/s. Crown Maritime Comp...

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 Upholds Conditional Leave to Defend in Summary Suit for Recovery of Rs.81.33 Lakhs — Appellant Granted Leave to Defend on Deposit of Rs.50 Lakhs. The court held that the Appellant had raised triable issues but the condition of deposit was justified given his role as CFO and Executive Director in authorizing the payment.

3 Apr 2013

The appeal was filed by the First Defendant (Jayesh Nagindas Doshi) against an order of the learned Single Judge in a summary suit under Order XXXVII ...

High Court

Bombay High Court Allows Attachment of Assets in Summary Suit for Unpaid Freight and Demurrage — Plaintiff Granted Injunction Against Sale of Iron Ore Cargo and Direction to Furnish Security Under Order XXXVIII Rule 5 CPC. Court Held That Where Defendant Is Likely to Dispose of Property to Defeat Decree, Court May Direct Security or Attachment.

10 Jan 2013

The plaintiff, SJJ Marine Pte Ltd, filed a summary suit against Pisces Exim (India) Private Limited (Defendant No.1) and another (Defendant No.2) for ...

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