Search Results for "Order XXXVII CPC"

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Search Results for "Order XXXVII CPC"

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High Court

High Court Rejects Plaint in Money Recovery Suit - Applicant Application Under Order VII Rule 11(d) CPC Succeeds -Plaintiff' Suit Barred by Maharashtra Money Lending Act Due to Unlicensed Lending

21 Jan 2026

The High Court of Judicature at Bombay heard an interim application filed by the defendant under Order VII Rule 11(d) of the Code of Civil Procedure, ...

High Court

Bombay High Court Allows Summary Judgment for Return of Shares and Dividends in Commercial Suit — Plaintiff Stockbroker Entitled to 11,25,000 ITC Shares and Accrued Dividends After Full Satisfaction of Debt Under One Time Settlement. Court Holds That Once Debt Is Fully Satisfied, Bank Must Return All Pledged Securities and Cannot Retain Them as Collateral for Other Debts.

10 Mar 2025

The Plaintiff, Shrikant G. Mantri, a stockbroker and registered member of the Bombay Stock Exchange, filed a commercial suit against Punjab National B...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Grant of Unconditional Leave to Defend in Commercial Summary Suit — Trial Court's Discretion Upheld as Respondent Raised Triable Issues Including Subsequent Settlement Agreement and Validity of Electronic Evidence.

2 Sep 2024

The Petitioner, M/s. Mobile Arts S.A.L., a company incorporated in Lebanon providing digital advertising services, filed a Commercial Summary Suit (No...

Supreme Court

Supreme Court Allows Appeal in Summary Suit for Recovery of Dues — Conditional Leave to Defend Set Aside. Unconditional Withdrawal of Criminal Prosecution Under Negotiable Instruments Act and Lack of Explanation for Delayed Cheques Indicate No Admission of Debt, Entitling Defendant to Unconditional Leave to Defend.

15 Jul 2019

The Supreme Court considered an appeal against an order granting conditional leave to defend in a summary suit filed by Polycab Wires Pvt. Ltd. agains...

High Court

Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

31 Oct 2017

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

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 Summary Judgment in Favor of Plaintiffs in Leave and License Dispute — Defendant's Unconditional Appearance Precludes Leave to Defend. The Court held that the Defendant failed to raise any triable issues and was not entitled to leave to defend under Order XXXVII CPC.

9 Dec 2014

The Plaintiffs, M/s. Mangla International Pvt. Ltd. and others, filed a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908, a...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Recovery Suit Under Order XXXVII CPC — Defendant's Unconditional Leave to Defend Denied Due to No Triable Issue. The court held that the defendant's defence of defective work was not bona fide and no triable issue was raised, as the defendant failed to provide particulars of defects or evidence of set-off.

21 Jun 2012

The plaintiff, M/s. Good Earth Minerals Private Limited, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the def...

High Court

Bombay High Court Allows Summary Judgment for Recovery of Maintenance Charges Under MOFA Agreement. Builder/Promoter entitled to recover proportionate outgoings from purchaser based on contractual clause in agreement for sale.

22 Jul 2011

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries through its proprietor Mr....

High Court

Bombay High Court Grants Summary Judgment in Favor of Builder/Promoter in Summary Suit for Recovery of Maintenance Charges Under MOFA Agreement. Defendant's Failure to File Reply to Summons for Judgment Leads to Decree for Claimed Amount with Interest.

22 Jul 2011

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries, for recovery of alleged m...

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