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Search Results for "Summary suit"

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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 Summary Judgment for Recovery of Security Deposit in Leave and Licence Agreement Dispute. Option to Purchase Not Exercised Does Not Convert Licence into Sale.

27 Oct 2005

The plaintiff, Polaroid India P.Ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of Rs.1,60,00,000/- being ...

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 Dismisses Appeal Against Conditional Leave to Defend in Summary Suit — Failure to Deposit Balance Amount Leads to Dismissal of Notice of Motion. The Court held that the Appellant failed to comply with the condition of depositing the balance 50% of the decretal amount and there was no real defence to the claim under Order XXXVII of the Code of Civil Procedure, 1908.

16 Mar 2005

The case involves an appeal by M/s. Asian Engg. Sales Corpn. against an order of a single Judge of the Bombay High Court dismissing their Notice of Mo...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Recovery of Goods Sold — Defendant Denies Proprietorship and Receipt of Goods. The court held that the defendant raised triable issues under Order 37 CPC, entitling him to unconditional leave to defend.

15 Dec 2005

The plaintiff, Mrs. Neelam M. Gurdasani, filed a summary suit against the defendant, Mr. Vimalbhai, for recovery of Rs. 85,500/- with future interest ...

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 ...

High Court

Bombay High Court Dismisses Appeal as Infructuous in Banking Dispute Due to Transfer and Disposal of Original Suit by Debts Recovery Tribunal. Appeal arising from summary suit becomes infructuous when the original suit is transferred to and disposed of by the Debts Recovery Tribunal.

2 Aug 2005

The appeal arose from a summary suit filed by Punjab & Sind Bank against the appellants and others. During the pendency of the appeal, the original su...

High Court

Bombay High Court Dismisses Appeal as Infructuous in Banking Recovery Case Due to Transfer of Suit to Debts Recovery Tribunal. Appeal Becomes Infructuous When Original Suit Is Transferred to DRT and Disposed of by Judgment Dated 14th January 2005.

2 Aug 2005

The appeal arose from Summary Suit No.2026 of 1992 filed by Punjab & Sind Bank against the appellants and others. The suit was transferred to the Debt...

High Court

Bombay High Court Dismisses Appeal as Infructuous After Suit Transferred to Debts Recovery Tribunal and Disposed. Appeal becomes infructuous when the underlying suit is transferred to a Debts Recovery Tribunal and disposed of.

2 Aug 2005

The appeal arose from Summary Suit No.2608 of 1992 filed by Punjab & Sind Bank and others. The suit was transferred to the Debts Recovery Tribunal-II,...

High Court

Bombay High Court Dismisses Appeal as Infructuous in Banking Matter Due to Transfer and Disposal of Original Suit by Debts Recovery Tribunal. Appeal arising from summary suit becomes infructuous when the original suit is transferred to and disposed of by the Debts Recovery Tribunal.

2 Aug 2005

The appeal arose from a summary suit (Summary Suit No.2609 of 1992) filed by Punjab & Sind Bank and others. The appellants were original defendants No...

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