Search Results for "Order XXXVII"

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Search Results for "Order XXXVII"

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High Court

High Court of Karnataka Directs Special Court to Consider Order VII Rule 11 CPC Application in KPIDFE Act Proceedings — Rejection of Application as Not Maintainable Set Aside. The Special Court under KPIDFE Act must adjudicate maintainability applications under Order VII Rule 11 CPC on merits, as CPC applies to its proceedings.

8 Apr 2026

The petitioner, Smt. Vanitha S., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at B...

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...

Supreme Court

Supreme Court Dismisses Appeal as Infructuous in Summary Suit Recovery Case — Suit Decree Rendered Interim Order Challenge Moot. The appeal against an interim order under Order XXXVII CPC became infructuous as the suit was decreed during the appeal, and no challenge to the decree was brought to the Court's notice.

14 Jun 2024

The appeal arose from an order of the High Court of Karnataka in a writ petition concerning a summary suit under Order XXXVII CPC. The respondents/pla...

High Court

Bombay High Court Allows Condonation of Delay in Filing Vakalatnama in Summary Suit — Defendant's Delay of 282 Days Condoned Subject to Costs of Rs. 25,000/-. The Court held that the delay was not intentional and the Defendant had a valid defence, thus condoned the delay in the interest of justice.

13 Dec 2023

The case involves a Chamber Summons filed by the Defendant, Marianella Properties Pvt. Ltd., in a Commercial Summary Suit filed by the Plaintiff, Swas...

High Court

Bombay High Court Allows Summary Suit for Recovery of Professional Fees by Chartered Accountant. Plaintiff entitled to decree under Order XXXVII CPC as defendants failed to obtain leave to defend.

1 Sep 2023

The plaintiff, a Chartered Accountant, filed a summary suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 against the defendants for ...

High Court

Bombay High Court Grants Leave to Defend in Commercial Summary Suit for Recovery Under Deed of Cancellation — Triable Issues Raised Regarding Validity of Agreement and Quantum of Amount. The court held that the defendant raised substantial triable issues entitling unconditional leave to defend under Order XXXVII CPC.

12 Dec 2019

The plaintiff, Dimples Infra, a registered partnership firm engaged in property development, filed a commercial summary suit against the defendant, He...

High Court

Bombay High Court Grants Summary Decree in Favor of Plaintiff for Recovery of Outstanding Amount for Supply of Ready-Mix Concrete. Court holds that defendant failed to appear despite service, and plaintiff established a prima facie case for summary judgment under Order XXXVII of CPC.

29 Nov 2019

The plaintiff, Skyway RMC Plants Pvt. Ltd., instituted a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908, for recovery...

High Court

Bombay High Court Allows Landowners' Petition for Mandamus in Town Planning Acquisition Case — State Directed to Issue Declaration Under Section 126(2) MRTP Act for Playground Reservation. Failure to Complete Acquisition Despite Deposit of Compensation Entities Landowner to Writ of Mandamus Under Section 126(4) of Maharashtra Regional and Town Planning Act, 1966.

6 Aug 2018

The petitioners, owners of land bearing Revision Survey No.138 admeasuring 3 Hectares and 65 Ares in Kolhapur, sought a writ of mandamus directing the...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

Bombay High Court Dismisses Petition Challenging Unconditional Leave to Defend in Summary Suit. Order XXXVII CPC Allows Unconditional Leave if Defendant Raises Triable Issues and Discloses Meritorious Defence.

3 Jul 2017

The petitioner, M/S Kuber Steel Traders, a partnership firm, filed a summary suit (Summary Suit No. 5 of 2015) against the respondent, M/s Yash Enterp...

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