Search Results for "Order 37 CPC"

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High Court of Karnataka Allows Appeal in Summary Suit for Recovery of Money — Defendant Granted Leave to Defend as Triable Issues Exist. The court set aside the decree and remanded the matter for trial, holding that the trial court erred in not granting leave to defend under Order 37 Rule 3(6)(a) CPC.

This appeal by the defendant is directed against the judgment and decree dated January 25, 2010 in O.S. No. 15450/2005 passed by the XXVI Addl. City C...

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Bombay High Court Allows Appeal in Summary Suit Case Due to Non-Service of Summons. Ex Parte Decree Set Aside as Trial Court Erred in Treating Application Under Order 37 Rule 4 CPC as Review.

The appellant, M/s. Shakti Bioscience Ltd., filed an appeal against an ex parte judgment and decree dated 04.11.2015 passed by the City Civil Court, M...

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Bombay High Court Allows Summary Judgment in Favor of Negotiating Bank in Letter of Credit Dispute. Issuing Bank's Acceptance of Documents Under Irrevocable LC Is Final and Cannot Be Revoked Based on Allegations of Forgery Without Evidence.

The plaintiff, Malayan Banking Berhad, a Malaysian bank, filed a summary suit against Indusind Bank Limited, an Indian bank, claiming Rs. 3,47,87,865....

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Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

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Bombay High Court Dismisses Revision Against Rejection of Leave to Defend in Summary Suit for Recovery of Union Funds. Court holds that defendants failed to show a triable issue or bona fide defence under Order 37 CPC, as the suit was based on a settlement agreement and consent terms.

The present Civil Revision Application was filed by the applicants (original defendants) challenging the order dated 20th January 2015 passed by the l...

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Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Freight and Demurrage Claim Based on Written Agreement. Defendant No.1's Liability Under Agreement Dated 18 July 2012 Confirmed as Unconditional Promise to Pay.

The plaintiff, SJJ Marine Pte Ltd., filed a summary suit against the defendants, Pisces Exim (India) Pvt. Ltd. (defendant No.1) and another, for recov...

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Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Defendant's Failure to Comply with Conditional Leave to Defend Results in Entitlement to Judgment Forthwith.

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

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Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Non-compliance with Conditional Leave to Defend Results in Forfeiture of Right to Cross-Examine.

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

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Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...