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Search Results for "Leave to defend"

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High Court

Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

26 Feb 2020

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

9 Aug 2021

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Commercial Suit for Dishonour of Cheque — Bank's Defence of Missing Signature on Reverse of Cheque Rejected as Not Triable Issue. The court held that under the Negotiable Instruments Act, 1881, the signature on the face of the cheque is sufficient and the absence of signature on the reverse does not constitute a valid defence.

11 Aug 2021

The plaintiff, SKS Power Generation (Chhattisgarh) Ltd, filed a Commercial Summary Suit against Canara Bank for recovery of Rs. 1,00,00,000/- with int...

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 Leave to Defend in Summary Suit for Recovery of Loan Amounts Based on Bills of Exchange. Disputed Questions of Fact Regarding Repayment and Interest Rates Require Trial Under Order XXXVII CPC.

9 Nov 2022

The judgment concerns two Commercial Summary Suits filed by a mother (Kavita G. Rajani) and her son (Gautam G. Rajani) against a common defendant, Sam...

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 Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

22 Sep 2022

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

Bombay High Court Allows Summary Suit for Recovery of Security Deposit in Leave and License Agreement — Defendant's Defense Raises No Triable Issues. Court holds that under Order XXXVII CPC, a defendant must disclose a substantial defense to obtain leave to defend; mere allegations of oral agreements or set-off without evidence do not constitute a triable issue.

20 Sep 2023

The plaintiff, Play Games 24X7 Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, Loran L...

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