Search Results for "Order XXXVII CPC"

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Search Results for "Order XXXVII CPC"

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High Court

Gujarat High Court Allows Restoration of Summary Suit Under Order XXXVII CPC After 669-Day Delay, Holding That Liberal Approach Is Required When Plaintiff Was Misled by Counsel. The court set aside the trial court's order dismissing the restoration application and condoned the delay, emphasizing that litigants should not suffer due to advocate negligence.

9 Mar 2026

The petitioner, P and P Packaging, filed a Special Civil Application under Article 227 of the Constitution of India before the Gujarat High Court chal...

High Court

Madras High Court Allows Revision Petition in Summary Suit Due to Advocate's Medical Emergency — Sets Aside Ex-Parte Decree Under Order 37 Rule 4 CPC. Non-Appearance of Advocate Due to Medical Emergency Constitutes Special Circumstance Warranting Setting Aside Ex-Parte Decree When Defendant Has Triable Defense and No Delay.

27 Feb 2026

The revision petitioner, R. Ettiraj, was the 1st defendant in a summary suit (O.S. No. 4110 of 2024) filed by the respondents P. Kubendiran and M.K. K...

High Court

High Court of Karnataka Dismisses Insurance Company's Challenge to Execution Proceedings Under Employees Compensation Act — Section 31 of the Act Provides Exclusive Mode of Recovery, Not Barring Application of CPC Order 21 for Execution of Award.

21 Feb 2023

The petitioner, an insurance company, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the execution proceedi...

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 Allows Leave to Defend in Summary Suit for Recovery of Price of Goods Allegedly Defective. The Court held that the defendant's claim of defective goods raised a triable issue, entitling it to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

16 Apr 2018

The Petitioner, Minda Vast Access System Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging the order date...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

30 Jan 2018

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

High Court

Bombay High Court Grants Ex Parte Decree in Summary Suit for Recovery of Liquidated Sum Under Written Contract. Plaintiff Entitled to Decree Under Order XXXVII Rule 2(3) CPC as Defendant Failed to Appear Despite Service.

30 Sep 2014

The plaintiff, M/s. NRP Entertainment & Network Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the d...

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 Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance of 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, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against defendants Quantum Interna...

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...

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