Search Results for "CPC Order XXXVII"

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Search Results for "CPC Order XXXVII"

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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

High Court of Karnataka Allows Appeal Against KSFC Order in Guarantor Liability Case — Limitation Period for Filing Application Under Section 31(1)(aa) of SFC Act Is Three Years from Date of Cause of Action. Guarantor's Defence of Limitation Upheld as Petition Filed Beyond Three Years from NPA Classification.

15 Apr 2025

The appellant, Smt. C. Sarasamma, was a guarantor for a loan availed by respondent No.2, M/s. Ethnic Informatics Private Ltd., from respondent No.1, K...

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...

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 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

High Court of Karnataka Allows Appeal in KSFC Recovery Case — Interest Rate Reduced from 16.5% to 10% per annum. Court held that the rate of interest awarded by the trial court was excessive and reduced it to 10% per annum from the date of petition till realization, exercising discretion under Section 34 of CPC read with Section 32(9) of the State Financial Corporations Act, 1951.

3 Mar 2017

The appeal was filed by the borrowers (M/s. Cozy Polystone (P) Ltd. and its directors) against the order dated 02.11.2012 passed by the XXXVII Additio...

High Court

Bombay High Court Allows Summary Judgment in Favor of Rabo Bank in Bill of Exchange Collection Dispute — Defendant Bank Liable for Accepted Drafts Under Negotiable Instruments Act. The court held that the defendant's acceptance of bills of exchange created an unconditional liability to pay, and the defenses raised were not triable issues under Order XXXVII CPC.

15 Oct 2013

The plaintiffs, Rabo Bank, a banking organization incorporated under the laws of Nederland with a Singapore branch, filed a summary suit under Order X...

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 Grants Unconditional Leave to Defend in Summary Suit for Recovery of Salary and Perks Under Order XXXVII CPC — Disputed Employment Contract Raises Triable Issues. Court Held That Defendant Raised Triable Issues Regarding Terms of Appointment, Termination, and Quantum of Claims Under Offer of Appointment Dated 6th February 2008.

19 Jun 2012

The plaintiff, Dr. K.D. Mehru, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against M/s. Cosmos Brands Distributors P...

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