Search Results for "Order XXXVII CPC"

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Search Results for "Order XXXVII CPC"

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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...

High Court

Gujarat High Court Allows Conditional Leave to Defend in Commercial Suit, Extends Time for Deposit Due to Illness of Defendant's Father. The Court held that illness of a family member constitutes sufficient cause for extension of time under Order XXXVII CPC, and set aside the Commercial Court's rejection of extension application.

24 Mar 2026

The petitioner, Bhatia International (India) through its partner Gagnish Bhatia, filed a Special Civil Application under Article 227 of the Constituti...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Owner's Failure to Produce Driving License. Burden of Proof on Insurer to Show License Invalidity Under Section 149 of Motor Vehicles Act, 1988.

8 Sep 2020

The case arises from a motor accident claim filed by the legal representatives of the deceased, Parvati, who died in a road accident on 04.08.2012. Th...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Insurer Not Liable as Deceased Was a Gratuitous Passenger in a Goods Vehicle. The court held that the insurer is not liable to pay compensation for the death of a gratuitous passenger traveling in a goods vehicle, as the policy does not cover such risk under Section 147 of the Motor Vehicles Act, 1988.

8 Sep 2020

The case arises from a motor accident claim where the deceased, Parvati, was traveling as a pillion rider on a motorcycle when she fell off and died. ...

High Court

Bombay High Court Dismisses Appeal for Leave to File Appeal Against Judgment in Commercial Suit Due to Lack of Locus Standi and Unexplained Delay. The court held that the appellant, not being a party to the suit, had no right to challenge the judgment and that the delay of 120 days was not satisfactorily explained.

6 Sep 2018

The judgment concerns an application for leave to appeal and condonation of delay filed by Ahluwalia Contracts (India) Ltd. (ACIL) against a judgment ...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

29 Nov 2016

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

High Court

Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

19 Jul 2014

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...

High Court

Bombay High Court Allows Summary Judgment in Favor of Contractor for Unpaid Construction Work — Unsupported Denial of Liability and Allegations of Poor Workmanship Do Not Raise Triable Issues Under Order 37 CPC. The court held that a defendant must disclose specific facts to obtain leave to defend; mere allegations without evidence are insufficient.

24 Aug 2012

The plaintiff, a sole proprietor of a construction firm, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the de...

High Court

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.

22 Sep 2011

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....

High Court

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.

22 Jul 2011

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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