Search Results for "Order XXXVII"

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Search Results for "Order XXXVII"

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High Court

High Court of Karnataka Allows Appeal Against Ex Parte Decree in Commercial Suit — Appellant Granted Leave to Contest on Merits Subject to Deposit of 25% of Decretal Amount. Setting Aside of Ex Parte Decree Conditioned on Payment of Costs and Deposit to Secure Plaintiff's Interest Under Order IX Rule 13 CPC.

7 Nov 2025

The appellant, M/s Sugam Packing Industries, was the defendant in a commercial suit (Com.O.S.No.15/2024) filed by the respondent, M/s Tiwnkle Impex, s...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Credit Card Dues — Defendant Must Deposit Entire Principal Amount. Court holds that under Order 37 CPC, conditional leave is justified when defendant fails to raise a triable issue or show substantial defence, and the amount claimed is admitted or undisputed.

5 Jan 2024

The petitioner, Dhanaraj Meghraj Rajpal, proprietor of M/s Bombay Apparel Manufacturing Company, challenged an order dated 24 August 2022 passed by th...

High Court

Bombay High Court Allows Summary Suit for Recovery of Security Deposit in Leave and License Agreement — Defendant's Defense Raises No Triable Issues. Court holds that under Order XXXVII CPC, a defendant must disclose a substantial defense to obtain leave to defend; mere allegations of oral agreements or set-off without evidence do not constitute a triable issue.

20 Sep 2023

The plaintiff, Play Games 24X7 Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, Loran L...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Summary Suit for Recovery of Goods Sold and Delivered. Court holds that defendant's defense is sham and moonshine, lacking triable issues, and that the suit is maintainable under Order XXXVII CPC.

29 Aug 2023

The plaintiff, Gini Tex Private Limited, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

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 Section 11 Petition for Appointment of Arbitrator Despite Pending Summary Suit — Arbitration Clause in MOU Survives Filing of Civil Suit Under Order XXXVII CPC. The court held that the mere filing of a summary suit does not bar the invocation of the arbitration clause, and the arbitrator can decide all disputes including allegations of coercion.

17 Mar 2017

The Petitioner, Cogent Enterprises Pvt. Ltd., filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking ap...

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 Grants Summary Judgment for Recovery of Price of Goods Sold and Delivered Under Order XXXVII CPC — Defendant Fails to File Reply to Summons for Judgment. Interest Reduced from 18% to 12% per annum as Court Exercises Discretion Under Order XXXVII Rule 3(6)(a) CPC.

14 Jan 2011

The plaintiff, Chandur Moriani, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, Vinod Gada, for r...

High Court

Bombay High Court Dismisses Cross Petitions Against Co-operative Appellate Court Order in Recovery Dispute Between State-Owned Corporation and Co-operative Bank. Court Upholds Concurrent Findings on Liability and Interest, Holding That Co-operative Court Has Jurisdiction Over Recovery Claims Under Maharashtra Co-operative Societies Act, 1960.

8 Feb 2005

The judgment arises from two cross writ petitions challenging an order of the Maharashtra State Co-operative Appellate Court dated 28.9.2004 in Revisi...

High Court

Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

30 Nov -0001

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...

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