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Search Results for "commercial summary suit"

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High Court

Bombay High Court Dismisses Contempt Petition for Alleged Willful Breach of Consent Terms — No Willful Disobedience Established as Order Was Ambiguous and Compliance Was Substantial. The court held that ambiguity in the order must be resolved in favor of the alleged contemnor and that contempt requires proof of willful and deliberate disobedience beyond reasonable doubt.

4 May 2026

The contempt petition was filed by Dr. Hari Tulshiram Gholap and Dr. Prabiha Hari Gholap (original plaintiffs) against Shri Jitendra Rajaram Savant an...

Supreme Court

Supreme Court Allows Recall of Witness and Additional Documents in Commercial Suit — Upholds Liberal Approach Under Order XVIII Rule 17 CPC. Party Seeking to Place on Record E-Mails and Recall PW-1 for Cross-Examination Must Be Permitted to Ensure Fair Trial and Effective Adjudication.

1 Jan 2026

The dispute arose from a Professional Services Agreement dated 19th February 2013 between M/s. Levitate Mobile Technologies Pvt. Ltd. (LMT), the appel...

High Court

High Court of Karnataka Allows Appeal Against Ex Parte Decree in Commercial Suit — Appellant Granted Leave to Contest on Merits Subject to Deposit of 25% of Decretal Amount. Setting Aside of Ex Parte Decree Conditioned on Payment of Costs and Deposit to Secure Plaintiff's Interest Under Order IX Rule 13 CPC.

7 Nov 2025

The appellant, M/s Sugam Packing Industries, was the defendant in a commercial suit (Com.O.S.No.15/2024) filed by the respondent, M/s Tiwnkle Impex, s...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

30 Jul 2025

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

High Court

Bombay High Court Dismisses Commercial Summary Suit for Failure to Take Out Writ of Summons and Summons for Judgment Within One Year of Filing. Plaintiff's Delay in Serving Process Leads to Dismissal Under Order XXXVII Rule 2 and Section 16 of Commercial Courts Act, 2015.

1 Sep 2023

The plaintiff, Hikal Limited, filed a Commercial Summary Suit (CSS) against the defendant, Paxchem Limited, on 28 September 2021. The suit was filed u...

High Court

Bombay High Court Dismisses Appeal for Leave to File Appeal Against Judgment in Commercial Suit Due to Lack of Locus Standi and Unexplained Delay. The court held that the appellant, not being a party to the suit, had no right to challenge the judgment and that the delay of 120 days was not satisfactorily explained.

6 Sep 2018

The judgment concerns an application for leave to appeal and condonation of delay filed by Ahluwalia Contracts (India) Ltd. (ACIL) against a judgment ...

High Court

Bombay High Court Allows Plaintiff's Motion in Trade Mark Infringement Case Involving Use of Registered Mark as Corporate Name for Dissimilar Goods. The Full Bench overruled Raymond Ltd v Raymond Pharmaceuticals Pvt Ltd and held that Section 29(5) of the Trade Marks Act, 1999 provides a separate cause of action for infringement when a registered trade mark is used as a corporate or trading name, even for dissimilar goods.

1 Mar 2017

The case involves a Notice of Motion in a suit filed by CIPLA Limited against M/s. CIPLA Industries Private Limited and Vishal Khanna for alleged infr...

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....

High Court

Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

21 Mar 2006

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

High Court

Bombay High Court Allows Amendment of Plaint in Passing Off Suit Under Order 6 Rule 17 CPC — Assignment of Trade Mark to Third Party Constitutes Subsequent Event Justifying Impleadment and Amendment. The court held that amendment is necessary for effective adjudication and does not change the nature of the suit.

2 Feb 2005

The plaintiff, Rasiklal Manikchand Dhariwal, Karta of M/s. R.M. Dhariwal (HUF) and others, filed a suit (Suit No. 574 of 2004) against Kishore Washwan...

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