Search Results for "Order 37 CPC"

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Search Results for "Order 37 CPC"

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High Court

Madras High Court Allows Unconditional Leave to Defend in Summary Suit Under Order 37 CPC — Triable Issues Raised Regarding Loan Repayment and Promissory Note Execution. The court set aside the trial court's conditional leave order requiring 50% deposit, holding that the defendants raised substantial triable issues under Order 37 Rule 3(5) CPC.

26 Mar 2026

The case arises from a summary suit filed by the respondent/plaintiff, A. Kanagarajan, against the petitioners/defendants, M/s. Sri MVR Logistics Priv...

High Court

Gujarat High Court Allows Appeal Against Ex-Parte Decree in Summary Suit for Recovery of Goods Price Due to Improper Service of Summons. Service of Summons in Prescribed Form Under Order 37 Rule 3 CPC is Mandatory and Failure to Serve Properly Renders Ex-Parte Decree Liable to Be Set Aside.

10 Mar 2026

The case arises from a commercial dispute between the appellants (defendants) and the respondent (plaintiff) concerning the recovery of money for good...

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 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 Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Summary Suit. Court holds that the trial court failed to consider that the defendant had a valid defence and that the ex-parte decree was passed without proper service of summons under Order 37 CPC.

12 Dec 2011

The petitioners, Kishor Raghunath Pande and Vijaya Raghunath Pande, filed a writ petition under Article 227 of the Constitution of India challenging a...

High Court

Bombay High Court Allows Summary Judgment for Recovery of Outstanding Payment for Goods Supplied — Confirmation of Debt and Part Payment Establishes Liability. The court held that a summary suit for recovery of debt is maintainable even on a running account when the debtor has confirmed the debt and made part payments, and the suit is within limitation.

15 Sep 2011

The plaintiff, The Paper Products Ltd., filed a summary suit against the defendant, M/s. Venkataramana Food Specialties Ltd., for recovery of Rs. 16,0...

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 Allows Summary Judgment for Recovery of Maintenance Charges Under MOFA Agreement. Builder/Promoter entitled to recover proportionate outgoings from purchaser based on contractual clause in agreement for sale.

22 Jul 2011

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries through its proprietor Mr....

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Management Fees. Agreement for Development of Property by Family Members Not a Commercial Transaction Entitling Summary Procedure Under Order 37 CPC.

19 Jul 2011

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of ₹3,70...

High Court

Bombay High Court Dismisses Petition Challenging Unconditional Leave to Defend in Summary Suit for Recovery of Goods Sold. Court Holds That Admission in Advocate's Reply Does Not Bar Grant of Unconditional Leave Under Order 37 Rule 3(5) CPC When Triable Issues Exist.

12 Jul 2011

The petitioner, Gaurav Singhania, proprietor of Gaurav Industries, filed a summary suit (Summary Suit No.15/2010) against Matrix Agri Science Pvt. Ltd...

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