Search Results for "Order XXXVII"

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Search Results for "Order XXXVII"

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Supreme Court

Supreme Court Allows Summary Judgment in Recovery Suit Against DDA for Refund of Sale Consideration After Land Acquisition Lapses. The Court held that DDA cannot retain the money after failing to convey title due to lapsing of acquisition, and the suit was within limitation.

29 Apr 2026

The Supreme Court allowed the appeal against the Delhi High Court's order dismissing the appellant's application for summary judgment under Order XIII...

High Court

Bombay High Court Allows Writ Petition Challenging Minister's Revision Order in Land Record Dispute — Restoration of Revenue Entries Directed. The Court held that the Minister exceeded jurisdiction under the Maharashtra Land Revenue Code, 1966 by entertaining a revision against an order that had attained finality.

22 Apr 2026

The petitioner, Rama s/o Gunda Malkapure, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an order dated 06.06.2017 ...

High Court

Madras High Court Allows Revision Petition in Summary Suit Due to Advocate's Medical Emergency — Sets Aside Ex-Parte Decree Under Order 37 Rule 4 CPC. Non-Appearance of Advocate Due to Medical Emergency Constitutes Special Circumstance Warranting Setting Aside Ex-Parte Decree When Defendant Has Triable Defense and No Delay.

27 Feb 2026

The revision petitioner, R. Ettiraj, was the 1st defendant in a summary suit (O.S. No. 4110 of 2024) filed by the respondents P. Kubendiran and M.K. K...

High Court

Bombay High Court Dismisses Application for Return of Plaint in Summary Suit, Holds Dispute Not Commercial Under Commercial Courts Act. Assignment of Debt by Leasing Company Not an Ordinary Transaction of Financier or Trader Under Section 2(1)(c)(i) of Commercial Courts Act, 2015.

11 Nov 2024

The case involves an Interim Application filed by Defendant No. 1 (Varanium Cloud Limited) seeking return of the plaint under Order VII Rule 10 of the...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

Bombay High Court Dismisses Appeal by Bank of India Against Rejection of Plaint Rejection Application in Commercial Suit. Court holds that jurisdiction of civil court is not barred under Section 19(6) to (10) of Recovery of Debts and Bankruptcy Act, 1993 when suit is for recovery of money by a non-banking entity against a bank.

15 Dec 2023

The appeal was filed by the Bank of India and its Authorized Officer (Defendants) under Section 13(1A) of the Commercial Courts Act, 2015, challenging...

High Court

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.

19 Jun 2023

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

High Court

Bombay High Court Dismisses Petition Challenging Refusal to Return Plaint in Summary Suit Based on Dishonoured Cheques. Territorial Jurisdiction Determined by Place of Delivery and Dishonour of Cheques, Not Place of Delivery of Goods.

7 Sep 2022

The petitioners, M/s. Rudraksh Laminates Pvt. Ltd. and another, were defendants in a summary suit filed by the respondent, M/s. Vimal Inter Trade Priv...

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 Upholds Conditional Leave to Defend in Summary Suit for Recovery of Rs.81.33 Lakhs — Appellant Granted Leave to Defend on Deposit of Rs.50 Lakhs. The court held that the Appellant had raised triable issues but the condition of deposit was justified given his role as CFO and Executive Director in authorizing the payment.

3 Apr 2013

The appeal was filed by the First Defendant (Jayesh Nagindas Doshi) against an order of the learned Single Judge in a summary suit under Order XXXVII ...

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