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Search Results for "commercial summary suit"

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High Court

Bombay High Court Dismisses Patent Infringement Suits as Patents Were Revoked Prior to Filing. Summary Judgment Granted Under Order XIII-A CPC as Plaintiff Had No Locus Standi to Sue for Infringement of Revoked Patents.

7 May 2026

The plaintiff, Bharat Bhogilal Patel, filed two suits for infringement of two patents granted in 2003. The defendants, TVS Electronics Ltd. and Kalelk...

High Court

Bombay High Court Allows Production of Additional Documents in Commercial Summary Suit Under Order XI Rule 5 CPC — Inadvertence and Lack of Coordination Constitute Reasonable Cause. The Court held that the Plaintiff established reasonable cause for non-disclosure of balance sheets and emails that were referred to in the plaint and evidence but not annexed, and permitted their production subject to costs.

3 Feb 2025

The Plaintiff, Saffron Developers Pvt. Ltd., filed a Commercial Summary Suit (No. 113 of 2019) against Premchand Resorts and Apartments and others for...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

High Court

Bombay High Court Allows MCGM to Construct Storm Water Pumping Station on Disputed Land Subject to Deposit of Compensation. The court vacated the injunction against MCGM, holding that public interest and balance of convenience favored the project, with monetary compensation as adequate remedy for the claimants.

4 Sep 2024

The appeal arises from a suit filed by Samarath Development Corporation and others (respondents/plaintiffs) claiming ownership of 158.05 acres of No D...

High Court

Bombay High Court Dismisses Cross Writ Petitions Against Order Refusing to Reject Plaint in Commercial Suit — Dispute Over Nature of Agreements as Lease or Leave and Licence Requires Trial.

5 Apr 2024

The judgment concerns two cross writ petitions arising from a commercial suit. The petitioner, Siyaram Packaging Pvt. Ltd., filed Commercial Suit No.4...

High Court

Bombay High Court Allows Amendment of Plaints in Commercial Summary Suits for Recovery of Money Lent — Amendments Based on Existing Documents and Admissions of Liability Do Not Introduce New Cause of Action. The court held that since trial had not commenced, the proviso to Order 6 Rule 17 CPC was not attracted, and the amendments were allowed subject to costs.

27 Feb 2024

The judgment concerns three interim applications filed by the original plaintiffs in Commercial Summary Suit No. 13 of 2011, Commercial Summary Suit N...

Supreme Court

Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

18 Jan 2022

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

High Court

Bombay High Court Dismisses Revision Against Refusal to Reject Plaint in Suit for Conveyance and Amenities. Plaint Disclosed Cause of Action and Claim for Conveyance is Continuing Cause of Action Not Barred by Limitation.

28 Jan 2021

The case involves a civil revision application filed by the applicants (defendants in the suit) challenging the order of the learned Senior Civil Judg...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Loan Recovery — Bombay Money Lenders Act Defence Rejected as Suit Based on Negotiable Instruments. The court held that the suit based on cheques and bills of exchange is not barred under the Bombay Money Lenders Act, 1946, and the appellant must deposit the principal amount of Rs.67 crores as a condition for leave to defend.

20 Nov 2014

The appeal arises from an order of the learned Single Judge granting the appellant (original defendant) leave to defend the summary suit conditional u...

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