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Search Results for "Leave to defend"

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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

High Court of Karnataka Allows Revision Petition in Summary Suit Case — Sets Aside Leave to Defend Granted to Defendant Due to Lack of Triable Issues. The court held that unconditional leave to defend cannot be granted unless the defendant raises triable issues under Order XXXVII Rule 3(5) CPC.

7 Apr 2022

The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chall...

High Court

Bombay High Court Allows Summary Judgment in Favor of Rabo Bank in Bill of Exchange Collection Dispute — Defendant Bank Liable for Accepted Drafts Under Negotiable Instruments Act. The court held that the defendant's acceptance of bills of exchange created an unconditional liability to pay, and the defenses raised were not triable issues under Order XXXVII CPC.

15 Oct 2013

The plaintiffs, Rabo Bank, a banking organization incorporated under the laws of Nederland with a Singapore branch, filed a summary suit under Order X...

High Court

Bombay High Court Quashes Civil Court Order Allowing Filing of Reply After Refusal — Civil Court Cannot Review Its Own Order Without Statutory Authority. The court held that a Civil Court cannot sit in appeal over its own order under Order 37 CPC and set it aside without specific provision.

28 Oct 2013

The petitioner, Rentworks India Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the respondent, Indi...

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 by Qatar Airways Against Maintainability of Summary Suit for Recovery of Rs. 59.22 Lakhs. Foreign Company Not Entitled to Sovereign Immunity Under Section 86 CPC as It Is a Commercial Entity, Not a Foreign State.

8 Jan 2013

The respondent, Shapoorji Pallonji & Co., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the appellant, Qatar Ai...

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 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 Grants Leave to Defend in Letter of Credit Dispute Due to Triable Issues on Quality of Goods and Fraud Exception. The court held that the defendant bank raised a triable issue regarding the quality of goods and the discount agreement, entitling it to unconditional leave to defend under Order 37 CPC.

4 May 2005

The plaintiffs, Dena Bank and another, filed a summary suit against Sonali Bank for recovery of US $1,50,103.79 with interest under a letter of credit...

High Court

Bombay High Court Allows Appeal in Summary Suit Due to Defective Summons — Form 4 Instead of Form 4-A Under Order XXXVII CPC Renders Service Invalid. The court held that the summons must strictly comply with the prescribed form and failure to do so vitiates the service and the consequent decree.

6 Dec 2005

The appellant, Ramesh Shende, was the defendant in a summary suit filed by the respondent, Narayan Wakodikar, under Order XXXVII of the Code of Civil ...

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