Search Results for "Order XXXVII"

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Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Recovery of Goods Sold and Delivered. Dispute Over Principal Amount and Interest Rate Constitutes Triable Issues Under Order XXXVII CPC.

The Plaintiff, Oriental Aromatics Limited, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the Defendant, Poonam...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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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.

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/-...

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Bombay High Court Allows Winding Up Petition Against Debtor Company for Non-Payment of Decretal Debt. Decretal debt remains due and payable despite unsuccessful attempt to set aside ex-parte decree; no bona fide defence raised.

The petitioner, Gati Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 against the respondent, Atcom Technologie...

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Bombay High Court Upholds Decree in Summary Suit Based on Dishonoured Cheque — Insufficient Funds Endorsement Establishes Liability Under Negotiable Instruments Act. Directors of Company Held Jointly and Severally Liable for Cheque Amount with Interest.

The respondent, M/s S.P. Fabritech, filed a summary suit (Regular Civil Suit No.58 of 2011) against the appellants, M/s Aarti InfraProjects Pvt. Ltd. ...

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Bombay High Court Dismisses Appeal by Qatar Airways Against Maintainability of Summary Suit for Recovery of Rs. 59.22 Lakhs. Foreign Company Not Entitled to Sovereign Immunity Under Section 86 CPC as It Is a Commercial Entity, Not a Foreign State.

The respondent, Shapoorji Pallonji & Co., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the appellant, Qatar Ai...

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Bombay High Court Grants Summary Judgment for Recovery of Goods Sold and Delivered in Commercial Dispute. Defendant's Failure to File Affidavit in Reply and Admission of Liability Leads to Decree Under Order XXXVII CPC.

The plaintiff, Dongreen Resins & Chemicals Private Limited, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the d...

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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

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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.

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...