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Bombay High Court Dismisses Petition Challenging Conditional Leave to Defend in Commercial Summary Suit. Condition of Deposit of Rs. 18 Lakhs Upheld as Not Perverse or Arbitrary Under Order XXXVII of Code of Civil Procedure, 1908.

The Petitioner (Defendant in the suit) filed a Writ Petition under Article 227 of the Constitution of India challenging the order dated 05.07.2023 pas...

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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 Summons for Judgment in Summary Suit for Recovery of Debenture and Deposit Amounts — Acknowledgment of Liability Found in Correspondence. Evidentiary Value of Letters as Acknowledgment Under Section 18 of Limitation Act, 1963, Upheld to Extend Limitation Period.

The Bombay High Court heard a Summons for Judgment in a summary suit filed by Canara Bank and others, as trustees of Canbank Mutual Fund, a trust unde...

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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...

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Bombay High Court Upholds Plaintiff in Maintainability of Summary Suit Against Qatar Airways; No Prior Consent Under Section 86 CPC Required. Ministry of External Affairs Clarification that Entity Not Covered by Section 86(4) CPC Renders Permission Unnecessary.

The dispute arose from a Summary Suit filed by Shapoorji Pallonji & Company Limited against Qatar Airways under Order 37 of the Code of Civil Procedur...