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Search Results for "Summary suit"

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High Court

Bombay High Court Allows Recovery Suit for Price Paid for Undelivered Vacuum Drier — Defendant Failed to Deliver Goods Despite Receiving Advance Payments. The court held that the defendants were liable to refund the advance amount of Rs.2,64,590/- with interest at 6% per annum from the date of the suit till payment under the contract for sale of goods.

6 Jan 2010

The plaintiffs, M/s. Boolani Engineering Corporation, a registered partnership firm, filed a summary suit against the defendants, M/s. Milind Engg. Wo...

High Court

Bombay High Court Decrees Suit for Rent and Municipal Taxes in Favor of Landlord in Summary Suit Under Order 37 CPC — Defendant Fails to Appear, Ex Parte Decree Granted. Landlord entitled to recover outstanding rent and municipal taxes from tenant for period 1989-1992 under Order 37 CPC as defendant's non-appearance and uncontroverted evidence justified ex parte decree.

7 Jan 2010

The plaintiff, Indian Cancer Society, a registered society, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the...

High Court

Bombay High Court Allows Writ Petition Challenging Decree Under Section 6 of Specific Relief Act, 1963. Suit Under Section 6 Not Maintainable Against Person Claiming Lawful Title.

4 Jan 2010

The petitioners, original defendants, challenged a decree dated 18th May 1998 passed in favour of the respondents-plaintiffs under Section 6 of the Sp...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit for Recovery of Loan — Triable Issues Raised Regarding Limitation and Acknowledgment of Debt. Defendant's Application for Leave to Defend Allowed Subject to Deposit of 50% of Suit Amount Under Order XXXVII Rule 3(5) of CPC, 1908.

23 Feb 2021

The plaintiffs, Carl Pinto De Andrade and others, filed a Commercial Summary Suit against Ventura Securities Limited for recovery of Rs. 1,00,00,000/-...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

28 Sep 2022

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...

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 Suit for Recovery of $300,000 in Commercial Contract Dispute. Zee Entertainment's claim for payment under a content licensing agreement upheld against Triller Inc for failure to make payment despite repeated demands.

7 Sep 2023

The plaintiff, Zee Entertainment Enterprises Limited, a public listed company, filed a summary suit in the Commercial Division of the Bombay High Cour...

High Court

Bombay High Court Allows Conditional Leave to Defend in Commercial Summary Suit for Recovery of Money — Defendant Directed to Furnish Bank Guarantee for 75% of Claim. Court holds that where defence is not bona fide, leave to defend may be granted on condition of furnishing security under Order XXXVII Rule 3 CPC.

26 Sep 2023

The plaintiffs, Agarwal Associates & Agencies and Smt. Manju Agarwal, filed a Commercial Summary Suit No. 15 of 2022 before the Bombay High Court agai...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Suit for Recovery of Investment Amount Under Order XXXVII CPC — Defendants Failed to Disclose Triable Issues or Obtain Leave to Defend. The court held that the guarantors are jointly and severally liable for the defaulted investment amount with contractual interest under the investment agreement and guarantee.

29 Aug 2023

The plaintiff, India Realty Excellence Fund II LLP, a limited liability partnership registered as a Category-II Alternative Investment Fund under SEBI...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

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