Search Results for "Triable issues"

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Search Results for "Triable issues"

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High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance for credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

28 Jul 2011

The plaintiffs, IAL Logistics India, a freight forwarding company, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against d...

High Court

Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

16 Jul 2012

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Construction Payment — Triable Issues Raised Regarding Existence of Contract and Quantum of Work Done. The court held that denial of contract and disputed bills constitute triable issues entitling defendant to unconditional leave to defend under Order 37 CPC.

17 Aug 2012

The plaintiff, Mohammed Arif Akbar Hussain, filed a summary suit against M/s. A.R. Enterprises and others for recovery of Rs.1,29,00,383/- with intere...

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 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 Summons for Judgment in Summary Suit Based on Dishonoured Cheque and Guarantee — Triable Issues Raised Regarding Authority and Fraud. The court held that the defendants raised substantial triable issues including lack of authority and fraud, entitling them to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

23 Aug 2012

The plaintiff, Ashapura Aluminum Limited, filed a summary suit against the defendants, including Jayesh Nagindas Doshi, based on a dishonoured cheque,...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Dishonoured Bill of Exchange. Territorial Jurisdiction and Triable Issues Raised by Defendant Warrant Trial Under Order 37 CPC.

24 Aug 2012

The Plaintiff, Tata Capital Financial Services Limited, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, seeking to recover R...

High Court

Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

22 Sep 2022

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

High Court

Bombay High Court Allows Petition Challenging Conditional Leave to Defend in Summary Suit — Triable Issue Found, Condition of Deposit Set Aside. Petitioners Entitled to Unconditional Leave to Defend Under Order XXXVII Rule 3 CPC as Facts Disclosed a Triable Issue Regarding Liability for Loan Disbursed Directly to Builder.

16 Oct 2025

The petitioners, Sanjay Mahadeoprasad Trivedi and Sneha Sanjay Trivedi, filed a writ petition under Article 227 of the Constitution of India challengi...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Expenses Due to Triable Issues. Agreement for Project Management and Development between Family Members Raises Questions of Authority, Consideration, and Entitlement to Reimbursement.

19 Jul 2011

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit for recovery of Rs. 3,70,20,410 with future interest against defendant No.1,...

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