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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

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Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...

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Bombay High Court Allows Removal of Assets in Commercial Suit Despite Arbitration Clause — Interim Relief Granted Under Order 39 CPC. Trial Court Directed to Decide Interim Application on Merits Without Considering Maintainability Based on Arbitration Clause.

The petitioner, INOX Leisure Limited, filed a commercial suit against Indo Pacific Projects Limited seeking recovery of security deposit and permissio...