Search Results for "Summary Procedure"

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Search Results for "Summary Procedure"

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High Court

Bombay High Court Allows Summary Suit for Recovery of Professional Fees by Chartered Accountant. Plaintiff entitled to decree under Order XXXVII CPC as defendants failed to obtain leave to defend.

1 Sep 2023

The plaintiff, a Chartered Accountant, filed a summary suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 against the defendants for ...

High Court

Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Summary Suit — Arbitration Clause in MOU Survives Filing of Civil Suit Under Order XXXVII CPC. The court held that the mere filing of a summary suit does not bar the invocation of the arbitration clause, and the arbitrator can decide all disputes including allegations of coercion.

17 Mar 2017

The Petitioner, Cogent Enterprises Pvt. Ltd., filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking ap...

High Court

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.

22 Jul 2011

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

High Court

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.

19 Jul 2011

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...

High Court

Bombay High Court Allows Summary Judgment for Recovery of Maintenance Charges Under MOFA Agreement. Builder/Promoter entitled to recover proportionate outgoings from purchaser based on contractual clause in agreement for sale.

22 Jul 2011

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries through its proprietor Mr....

Supreme Court

Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

18 Jan 2022

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

High Court

Bombay High Court Dismisses Challenge to Remand Order in Recovery Certificate Proceedings Under Section 101 of Maharashtra Co-operative Societies Act Due to Absence of Final Adjudication. Section 101 Recovery Proceeding Remand Upheld as the Court Finds No Final Determination on Genuineness of No Dues Certificate Warrants Interference.

25 Oct 2023

The writ petitions challenged orders dated 31 December 2021 passed by the Divisional Joint Registrar, Co-operative Societies, allowing revision applic...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Rs. 8.67 Crores Based on Share Buyback Agreement — Triable Issues Raised Regarding Non-Performance of Conditions Precedent and Liability of Defendant. The court held that where the claim is for liquidated damages for breach of a buyback agreement, it may not be a liquidated demand under Order 37 CPC, and the defendant is entitled to unconditional leave to defend if triable issues are raised.

19 Oct 2005

The plaintiff, Niskalp Investments & Trading Company Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defen...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of CPC Application in Eviction Appeal Under Karnataka Public Premises Act. CPC Provisions Not Applicable to Summary Proceedings Under Section 10 of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974.

2 Apr 2026

The petitioner, T.V. Sathyanarayana Gupta, was an alleged unauthorized occupant of a shop in a municipal complex in Pavagada Town, Tumakuru District. ...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Cheque Dishonour Case — Defendant's Admission of Liability and Failure to Disclose Triable Issues Leads to Decree. The court held that a bare assertion without documentary evidence does not constitute a triable issue under Order 37 CPC.

14 Dec 2005

The plaintiff filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, to recover amounts lent and advanced to the defendant, based o...

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