Search Results for "Order XXXVII"

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Search Results for "Order XXXVII"

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High Court

Bombay High Court Records Non-Deposit in Commercial Summary Suit; Defendant Failed to Deposit Despite Supreme Court Extension

23 Apr 2025

The case involved a commercial summary suit filed by National Commodity Clearing Ltd. against Dita Comtrade Limited. The High Court had previously dir...

High Court

Bombay High Court Allows Defendants' Challenge to Conditional Leave to Defend in Summary Suit — Imposition of Deposit Condition Without Considering Defendants' Financial Capacity and Triable Issues Held Unsustainable. The Court set aside the condition of deposit of Rs.15,00,000/- and granted unconditional leave to defend under Order XXXVII Rule 3(5) CPC.

7 Mar 2024

The petitioners, defendants in a summary suit filed by the respondent for recovery of Rs.25,40,001/-, challenged the Trial Court's order dated 01/04/2...

High Court

Bombay High Court Partially Allows Writ Petition in Summary Suit Leave to Defend Case — Condition of 25% Deposit Reduced to 10%. The court held that where triable issues are raised, leave to defend should ordinarily be unconditional, and a condition of deposit should only be imposed in exceptional circumstances.

2 Aug 2023

The case involves a dispute between real brothers over a summary suit filed by the respondent (Akhtar Parvez Maimoon) against the petitioners (AMA Ind...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

31 Jan 2023

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...

High Court

High Court of Karnataka Allows Revision Petition in Summary Suit Case — Sets Aside Leave to Defend Granted to Defendant Due to Lack of Triable Issues. The court held that unconditional leave to defend cannot be granted unless the defendant raises triable issues under Order XXXVII Rule 3(5) CPC.

7 Apr 2022

The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chall...

Supreme Court

Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

18 Jan 2022

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

High Court

Bombay High Court Allows Appeal in Summary Suit Dispute Over Dishonoured Cheque — Triable Issues Raised Regarding Loan Repayment and Liability of Guarantors. Court sets aside summary judgment and grants unconditional leave to defend, holding that the appellants raised triable issues including whether the loan was repaid and whether the guarantors were discharged.

17 Dec 2016

The case arises from a summary suit filed by Anthony Maharaj (respondent) against Morpheus Media Ventures Pvt. Ltd. and others (appellants) for recove...

High Court

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Applicability of Order XXXVII CPC to Summary Suits Filed Before Civil Judge (Senior Division). The court held that Order XXXVII CPC applies to all courts specified in Rule 1, including Civil Judge (Senior Division), and Circular ROC No.2526/1959 is not applicable.

29 Jun 2015

The petitioner, Sri. Ashok P Shah, the defendant in O.S. No. 16/2014 pending before the Civil Judge (Senior Division) at Chitradurga, filed a writ pet...

High Court

Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment on Defendants' Advocate. Service on Defendants directly without prior attempt on advocate held insufficient under Order XXXVII CPC.

17 Dec 2014

The petitioners, original defendants in Summary Suit No.4914 of 2012, challenged the order dated 08.07.2013 passed by the City Civil Court, Mumbai, di...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

5 Jan 2011

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

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