Search Results for "Summary Procedure"

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Bombay High Court Allows Revision Against Order Granting Leave to Defend in Summary Suit Despite Arbitration Clause. Court holds that existence of arbitration agreement does not bar summary suit under Order 37 CPC, but objection as to maintainability must be decided before granting leave to defend.

The dispute in this case arises from a summary suit filed by the respondent, M/s. Jalaram Feeds, against the applicants, Narayana Farm Produce Pvt. Lt...

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Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Defendant's Failure to Comply with Conditional Leave to Defend Results in Entitlement to Judgment Forthwith.

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

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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 defense is sham and moonshine, lacking triable issues, and that the suit is maintainable under Order XXXVII CPC.

The plaintiff, Gini Tex Private Limited, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan — Defendant Raises Triable Issue Regarding Nature of Transaction as Payment for Machinery, Not Loan.

The plaintiff, Anjali Sales Corporation, filed a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 (CPC) seeking a decree fo...

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Bombay High Court Dismisses Petition Challenging Unconditional Leave to Defend in Summary Suit for Recovery of Goods Sold. Court Holds That Admission in Advocate's Reply Does Not Bar Grant of Unconditional Leave Under Order 37 Rule 3(5) CPC When Triable Issues Exist.

The petitioner, Gaurav Singhania, proprietor of Gaurav Industries, filed a summary suit (Summary Suit No.15/2010) against Matrix Agri Science Pvt. Ltd...

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Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...