Search Results for "Order 37 CPC"

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Search Results for "Order 37 CPC"

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High Court

Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

22 Apr 2024

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...

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 Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

9 Aug 2021

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

High Court

Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

26 Feb 2020

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

High Court

High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

Bombay High Court Allows Petition Challenging Conditional Leave to Defend in Summary Suit for Recovery of Loan Amount. Condition of depositing Rs. 2,50,000/- was set aside as onerous and not warranted where defendant had raised triable issues and admitted part of the claim.

9 Mar 2010

The petitioner, Smita Yashwant Lipte, filed a writ petition challenging an order passed by the learned Civil Judge, Senior Division, Chandrapur, in Su...

High Court

Bombay High Court Decrees Suit for Rent and Municipal Taxes in Favor of Landlord in Summary Suit Under Order 37 CPC — Defendant Fails to Appear, Ex Parte Decree Granted. Landlord entitled to recover outstanding rent and municipal taxes from tenant for period 1989-1992 under Order 37 CPC as defendant's non-appearance and uncontroverted evidence justified ex parte decree.

7 Jan 2010

The plaintiff, Indian Cancer Society, a registered society, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the...

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