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High Court

Bombay High Court Grants Summary Judgment for Recovery of Price of Goods Sold and Delivered Under Order XXXVII CPC — Defendant Fails to File Reply to Summons for Judgment. Interest Reduced from 18% to 12% per annum as Court Exercises Discretion Under Order XXXVII Rule 3(6)(a) CPC.

14 Jan 2011

The plaintiff, Chandur Moriani, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, Vinod Gada, for r...

High Court

Bombay High Court Allows Appeal in Summary Suit for Recovery of Goods Supplied — Limitation Period Computed from Date of Default, Not Invoice Date. The court held that the suit for recovery of price of goods was within limitation as the cause of action arose on the date of default, i.e., 30 days after the last invoice, and the suit was filed within three years.

20 Dec 2018

The appellant, Nova Flexipack (P) Ltd., a company registered under the Companies Act, 1956, filed a summary suit for recovery of Rs.21,79,218/- from t...

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...

Supreme Court

Supreme Court Dismisses Appeal as Infructuous in Summary Suit Recovery Case — Suit Decree Rendered Interim Order Challenge Moot. The appeal against an interim order under Order XXXVII CPC became infructuous as the suit was decreed during the appeal, and no challenge to the decree was brought to the Court's notice.

14 Jun 2024

The appeal arose from an order of the High Court of Karnataka in a writ petition concerning a summary suit under Order XXXVII CPC. The respondents/pla...

High Court

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Applicability of Order XXXVII CPC to Summary Suits Filed Before Civil Judge (Senior Division). The court held that Order XXXVII CPC applies to all courts specified in Rule 1, including Civil Judge (Senior Division), and Circular ROC No.2526/1959 is not applicable.

29 Jun 2015

The petitioner, Sri. Ashok P Shah, the defendant in O.S. No. 16/2014 pending before the Civil Judge (Senior Division) at Chitradurga, filed a writ pet...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff Sub-Contractor for Unpaid Construction Work. Court holds that defendant's denial of liability is not bona fide and raises no triable issue under Order 37 of the Code of Civil Procedure, 1908.

6 May 2010

The plaintiff, Jolly Constructions, a registered partnership firm acting as a sub-contractor, filed a summary suit under Order 37 of the Code of Civil...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff Partnership Firm in Suit for Recovery of Outstanding Amounts Under Order XXXVII CPC. Defendant's Application for Leave to Defend Rejected Due to Lack of Triable Issues and Failure to Disclose Substantial Defense.

6 May 2010

The plaintiff, Harilal & Co., a partnership firm registered under the Indian Partnership Act, 1932, filed Summary Suit No.3037 of 2007 in the Bombay H...

High Court

Bombay High Court Dismisses Revision Against Rejection of Leave to Defend in Summary Suit. Defendant Failed to Disclose Triable Issue or Bona Fide Defence Under Order 37 CPC.

15 Apr 2010

This Civil Revision Application was filed by the original respondent (defendant) against an order dated 23rd July 2009 passed by the learned Judge of ...

High Court

Bombay High Court Allows Petition Challenging Conditional Leave to Defend in Summary Suit for Recovery of Loan Amount. Condition of depositing Rs. 2,50,000/- was set aside as onerous and not warranted where defendant had raised triable issues and admitted part of the claim.

9 Mar 2010

The petitioner, Smita Yashwant Lipte, filed a writ petition challenging an order passed by the learned Civil Judge, Senior Division, Chandrapur, in Su...

High Court

Bombay High Court Dismisses Petition Challenging Decree for Possession Under Section 6 of Specific Relief Act, 1963 — Suit for Possession Based on Prior Possession Maintainable Against Defendants Who Dispossessed Plaintiff Without Title.

4 Jan 2010

The petitioners, original defendants, challenged a decree dated 18th May 1998 passed by the trial court under Section 6 of the Specific Relief Act, 19...

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