Search Results for "Order XXXVII"

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Search Results for "Order XXXVII"

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High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

15 Jun 2026

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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 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 Dismisses Commercial Summary Suit for Failure to Take Out Writ of Summons and Summons for Judgment Within One Year of Filing. Plaintiff's Delay in Serving Process Leads to Dismissal Under Order XXXVII Rule 2 and Section 16 of Commercial Courts Act, 2015.

1 Sep 2023

The plaintiff, Hikal Limited, filed a Commercial Summary Suit (CSS) against the defendant, Paxchem Limited, on 28 September 2021. The suit was filed u...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Summary Suit for Recovery of Goods Sold and Delivered. Court holds that defendant's unconditional leave to defend application is not maintainable as no triable issues raised.

29 Aug 2023

The plaintiff, M/s. Gini Silk Mills Ltd, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

High Court

High Court of Karnataka Dismisses Insurance Company's Challenge to Execution Proceedings Under Employees Compensation Act — Section 31 of the Act Provides Exclusive Mode of Recovery, Not Barring Application of CPC Order 21 for Execution of Award.

21 Feb 2023

The petitioner, an insurance company, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the execution proceedi...

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

High Court of Karnataka Dismisses Revision Petition in Property Suit — Order 2 Rule 2 CPC Bar Not Applicable. Petitioner's claim of res judicata based on earlier execution proceedings fails as the suit is for different relief.

3 Jun 2014

The petitioner, P.M. Gopi, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) against an order dated 5.9.2013 pass...

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...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff Partnership Firm in Suit for Recovery of Outstanding Amounts Under Order XXXVII CPC. Defendant's Application for Leave to Defend Rejected Due to Lack of Triable Issues and Failure to Disclose Substantial Defense.

6 May 2010

The plaintiff, Harilal & Co., a partnership firm registered under the Indian Partnership Act, 1932, filed Summary Suit No.3037 of 2007 in the Bombay H...

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