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Bombay High Court Allows Summary Suit for Price of Goods Sold and Delivered with Interest at 19.5% per Annum — Limitation Period Extended Due to Court Vacation. Contractual interest rate upheld as per agreement between parties under Article 15 of Limitation Act, 1963.

The plaintiff, Hetal Enterprises, filed a summary suit against the defendant, New India Assurance Co. Ltd., for recovery of the price of stationery go...

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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 Licence Fee Dispute Due to Triable Issues. Plaintiff's claim for balance licence fee after premature termination of agreement due to demolition by Municipal Corporation raises triable issues regarding breach and entitlement.

The Plaintiff, Nemichand Jain, filed a Summary Suit against M/s. Vodafone Essar Limited and Sandeep Thakur based on a licence agreement dated 16 April...

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Bombay High Court Allows Decree Holder's Petition Challenging Executing Court's Order Permitting Judgment Debtor to Raise Pre-Decree Payment Defence. Pre-decree payments cannot be set up in execution under Section 47 CPC as they ought to have been raised in the suit.

The petitioner, Paackinindia, a registered partnership firm, obtained a decree in Special Summary Suit No. 58 of 2008 against the respondent, VSR Food...

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Gujarat High Court Allows Amendment to Cure Defect in Authority to Sue in Summary Suit for Recovery. Board Resolution can be Filed at Any Stage to Ratify Filing of Suit by Director.

The petitioner, Patel Inn and Travels Private Limited, filed a summary civil suit against Bank of India for recovery of Rs. 3,99,736/- with interest. ...

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Gujarat High Court Allows Appeal Against Ex-Parte Decree in Summary Suit for Recovery of Goods Price Due to Improper Service of Summons. Service of Summons in Prescribed Form Under Order 37 Rule 3 CPC is Mandatory and Failure to Serve Properly Renders Ex-Parte Decree Liable to Be Set Aside.

The case arises from a commercial dispute between the appellants (defendants) and the respondent (plaintiff) concerning the recovery of money for good...

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Madras High Court Dismisses Revision Against Order Allowing Production of Original Documents in Summary Suit. Order XXXVII Rule 7 CPC permits application of general CPC provisions for filing originals of photocopies already on record.

The respondent/plaintiff filed a summary suit for recovery of money under Order XXXVII CPC. Along with the plaint, he filed 22 documents, of which 7 w...