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High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Conducting Agreement — Triable Issues Raised Regarding Dishonour of Cheques and Breach of Contract. Court Held That Defendant Raised Triable Issues Including Whether Cheques Were Towards Security or Payment, and Whether Plaintiff Committed Breach of Contract Under Order 37 of Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Goculdas Dossa & Company, a registered partnership firm, filed a summary suit against the defendant, Kirtikumar Mulji Thakkar, sole pro...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Dispute Based on Dishonoured Cheque and Delivery Documents. The court held that the defendants' defence regarding an earlier transaction was not a triable issue and did not warrant leave to defend under Order 37 of the Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Hitesh Lakhamshi Shah, a sole proprietor of M/s. Hitesh Paper Mart, filed a summary suit against the defendants, Pradip Chinubhai Shah ...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Dishonoured Bill of Exchange. Territorial Jurisdiction and Triable Issues Raised by Defendant Warrant Trial Under Order 37 CPC.

24 Aug 2012

The Plaintiff, Tata Capital Financial Services Limited, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, seeking to recover R...

High Court

Bombay High Court Allows Summons for Judgment in Container Lease Dispute — Defendant Fails to Raise Triable Issues. Plaintiff entitled to decree for unpaid replacement value of lost containers under Equipment Agreement dated 30th December 2002.

23 Aug 2012

The Plaintiff, Florens Containers Inc., filed a summary suit against the Defendant, M/s. Ornate Multimodal Carriers Pvt. Ltd., for recovery of US$ 58,...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit Based on Dishonoured Cheque and Guarantee — Triable Issues Raised Regarding Authority and Fraud. The court held that the defendants raised substantial triable issues including lack of authority and fraud, entitling them to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

23 Aug 2012

The plaintiff, Ashapura Aluminum Limited, filed a summary suit against the defendants, including Jayesh Nagindas Doshi, based on a dishonoured cheque,...

High Court

Bombay High Court Allows Defendant's Counter Claim Despite Limitation Concerns in Summary Suit — Limitation is a Mixed Question of Law and Fact Not to Be Decided on Affidavits

3 Aug 2012

The case arises from a Summary Suit instituted in 1997 by Tube Investment of India Limited (Plaintiff) against Gulf Oil India Limited (Defendant) on t...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Payment Under RBI Scheme of Amalgamation — Plaintiff Not Registered Shareholder on Prescribed Date. Claim for Rs.28 per share under Scheme of Amalgamation of United Western Bank with IDBI Bank Ltd. fails as plaintiff was not a registered shareholder on the record date.

27 Jul 2012

The plaintiff, Speed Trade Securities Private Limited, filed a summary suit against IDBI Bank Ltd. seeking payment of Rs.28 per share for 15,000 share...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Leave to Defend in Summary Suit — Petitioner Failed to Show Triable Issues or Substantial Defence. Order 37 CPC Leave to Defend Denied as Petitioner's Defence Was Vague and Lacked Particulars.

17 Jul 2012

The petitioner, M/s. Prahaar Enterprises, a proprietary firm, filed a writ petition challenging the order of the trial court dated 18th January 2011, ...

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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