Search Results for "Dishonour of Cheques"

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Search Results for "Dishonour of Cheques"

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High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

29 Jul 2019

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

High Court

Bombay High Court Quashes Criminal Proceedings in Family Loan Dispute — Dispute Essentially Civil, Not Criminal. Failure to Repay Loan and Dishonour of Cheques Do Not Attract Offences Under Sections 409 and 420 IPC When No Deception at Inception.

26 Feb 2013

The petitioners, who are the original accused, filed a criminal writ petition under Article 226 of the Constitution read with Section 482 of the Code ...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Conducting Agreement — Triable Issues Raised Regarding Dishonour of Cheques and Breach of Contract. Court Held That Defendant Raised Triable Issues Including Whether Cheques Were Towards Security or Payment, and Whether Plaintiff Committed Breach of Contract Under Order 37 of Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Goculdas Dossa & Company, a registered partnership firm, filed a summary suit against the defendant, Kirtikumar Mulji Thakkar, sole pro...

High Court

Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

16 Jul 2012

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...

High Court

Bombay High Court Allows Winding Up Petition Under Sections 433(e) and 434 of Companies Act, 1956 for Non-Payment of Debt Despite Dishonour of Cheques and Pending Criminal Complaints. The court held that the company is deemed unable to pay its debts under Section 434(1)(a) and ordered winding up, rejecting the argument that pending proceedings under Section 138 of the Negotiable Instruments Act, 1881 constitute a bona fide dispute.

1 Apr 2005

The petitioner, M/s. Rasiklal Ratilal and M/s. Rasiklal Ratilal Trading P. Ltd., filed two company petitions under Sections 433(e) and 434 of the Comp...

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