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Gujarat High Court Allows Appeal in Recovery Suit, Sets Aside Dismissal for Non-Prosecution. The Court restored Civil Suit No. 2037 of 1998 to the file of the City Civil Court, Ahmedabad, holding that the dismissal for default was not justified given the long pendency of the suit.

The appellant, Abhishek Finlease Ltd., filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

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Bombay High Court Dismisses Summary Judgment in Commercial Suit for Unpaid Rent, Grants Unconditional Leave to Defend. Triable issues raised regarding termination of lease and liability of partners under the Indian Partnership Act, 1932.

The plaintiff, PVR Ltd., filed a Commercial Summary Suit against the defendants, Proetus Ventures LLP and its partners, Shardul Bayas and Abhinay Rame...

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Bombay High Court Allows Plaintiff to Delete Prayers for Attachment Before Judgment in Commercial Summary Suit — Amendment Held Not to Prejudice Defendants' Right to Defend as Framed.

The plaintiff, Jwaladutta Jankidas HUF, filed a commercial summary suit against the defendants, Jayant Bhavanji Soni and another, seeking certain reli...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...

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Bombay High Court Grants Summary Judgment in Favor of Builder/Promoter in Summary Suit for Recovery of Maintenance Charges Under MOFA Agreement. Defendant's Failure to File Reply to Summons for Judgment Leads to Decree for Claimed Amount with Interest.

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries, for recovery of alleged m...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Management Fees. Agreement for Development of Property by Family Members Not a Commercial Transaction Entitling Summary Procedure Under Order 37 CPC.

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of ₹3,70...