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Search Results for "Leave to defend"

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High Court

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.

12 Jul 2011

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

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

5 Jan 2011

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

High Court

Bombay High Court Allows Appeal in Arbitration Reference Case — Leave to Defend Application Not a First Statement on Substance of Dispute. Filing of application for leave to defend under Order 37 CPC does not constitute submission of first statement on substance of dispute, and application under Section 8 of Arbitration and Conciliation Act, 1996 filed before written statement is within time.

9 Apr 2018

The appellant, Haier Telecom (India) Pvt. Ltd., was the defendant in a summary suit filed by the respondent, Drive India Enterprise Solutions Ltd., fo...

High Court

Bombay High Court Allows Leave to Defend in Summary Suit for Recovery of Price of Goods Allegedly Defective. The Court held that the defendant's claim of defective goods raised a triable issue, entitling it to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

16 Apr 2018

The Petitioner, Minda Vast Access System Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging the order date...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Invoices, Setting Aside Condition of Deposit. Court holds that stand-alone invoices without a written agreement do not constitute a 'written contract' under Order 37 CPC, and prior pending suit for damages and specific performance raises triable issues entitling defendant to unconditional leave.

23 Mar 2018

The petitioner, Olive Tree Trading Pvt. Ltd., was the defendant in Special Summary Suit No. 153 of 2016 filed by the respondent, F.lli De Cecco Di Fil...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

30 Jan 2018

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

High Court

Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

31 Oct 2017

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

High Court

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.

15 Sep 2017

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...

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 Allows Petition in Summary Suit for Recovery of Debt — Sets Aside Unconditional Leave to Defend. The court held that when a defendant admits liability except for a small disputed portion, conditional leave to defend must be granted with a direction to deposit the undisputed amount under Order 37 CPC.

11 Jun 2026

The petitioner, Shrihari Traders, filed a summary suit (Summary Suit No.11 of 2015) against the respondent, Choudhary & Choudhary (India) Ltd., for re...

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