Search Results for "Leave to Defend"

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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Summary Suit. Court holds that the trial court failed to consider that the defendant had a valid defence and that the ex-parte decree was passed without proper service of summons under Order 37 CPC.

The petitioners, Kishor Raghunath Pande and Vijaya Raghunath Pande, filed a writ petition under Article 227 of the Constitution of India challenging a...

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Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Commercial Debt Recovery Suit — Defendant's Evasive Denial and Limitation Plea Rejected Based on Confirmation of Accounts and Part Payments.

The plaintiff, Ajay Aggarwal, carrying on business as M/s. Royal Elastics, filed a summary suit against the defendant, Mohit Aneja, proprietor of M/s....

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance of credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

The plaintiffs, IAL Logistics India, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against defendants Quantum Interna...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance for credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

The plaintiffs, IAL Logistics India, a freight forwarding company, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against d...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Expenses Due to Triable Issues. Agreement for Project Management and Development between Family Members Raises Questions of Authority, Consideration, and Entitlement to Reimbursement.

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit for recovery of Rs. 3,70,20,410 with future interest against defendant No.1,...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Management Fees. Agreement for Development of Property by Family Members Not a Commercial Transaction Entitling Summary Procedure Under Order 37 CPC.

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of ₹3,70...