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High Court

High Court Dismisses Application for Condonation of Delay in Filing First Appeal Against Summary Suit Decree. No Sufficient Cause Shown for 3-Year Delay as Appellant Failed to Explain Critical Period When Limitation Was Operational Under Section 15 of Bombay City Civil Court Act, 1948.

16 Mar 2026

The dispute involved an application seeking condonation of delay of 3 years and 60 days in filing a first appeal against a decree, judgment and order ...

High Court

Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims.

9 Mar 2016

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co.,...

High Court

Bombay High Court Allows Revision in Suit for Possession Under Section 6 of Specific Relief Act — Plaintiff's Prior Possession Established Despite Temporary Absence. Possession Through Tenant is Sufficient for Summary Suit Under Section 6 of Specific Relief Act, 1963.

18 Feb 2016

The dispute arises out of a suit under Section 6 of the Specific Relief Act, 1963, concerning Plot No. 8 in the layout of Uruvila Cooperative Housing ...

High Court

Bombay High Court Upholds Eviction Decree in Suit Under Section 6 of Specific Relief Act — Plaintiff Proved Prior Possession and Dispossession Without Due Process of Law. The Court held that a suit for possession based on prior possession under Section 6 of the Specific Relief Act, 1963 is maintainable even against the true owner if the plaintiff was in settled possession and was dispossessed otherwise than in due course of law.

26 Nov 2015

The case involves a Civil Revision Application filed by the original defendants (Smita Prakash Chikhale and Sunita Dharnidhar Chikhale) against the ju...

High Court

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.

8 Oct 2015

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...

High Court

Bombay High Court Quashes City Civil Court Order Directing Suit to Proceed Without Written Statement in Summary Suit — Conditional Leave Granted Under Order XXXVII CPC Cannot Be Ignored. Non-compliance with Deposit Condition Does Not Revive the Stage of No Written Statement; Proper Remedy Is to Seek Revocation of Leave.

9 Mar 2015

The petitioner, K R Patel HUF, filed a summary suit under Order XXXVII CPC against the respondents, M/s M M Developers and its partners, in the City C...

High Court

Bombay High Court Allows Recovery of Principal with Reduced Interest in Bill Discounting Dispute — Interest Rate of 18% p.a. Granted from Due Date Instead of Claimed 30% p.a. The court held that the plaintiff is entitled to interest at 18% p.a. on the defaulted principal from the due date until suit, and thereafter at 6% p.a. pendente lite and future interest under Section 34 CPC.

20 Mar 2015

The plaintiff, Mahindra & Mahindra Limited, filed a summary suit against NEPC Micon Limited for recovery of Rs. 1.06 crores, comprising a principal su...

High Court

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.

20 Feb 2015

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

High Court

Bombay High Court Refuses Leave Under Clause 12 of Letters Patent in Summary Suit for Recovery of Price of Goods — No Part of Cause of Action Arises Within Court's Jurisdiction. The court held that the making of contract and payment of advance in Bombay did not constitute part of cause of action where goods were to be delivered in Pune, applying A.B.C. Laminart v. A.P. Agencies.

19 Nov 2014

The petitioner, M/s. Polycab Wires Pvt. Ltd., filed a summary suit in the Bombay High Court against the respondent, M/s. Eta Engineering Pvt. Ltd., fo...

High Court

Bombay High Court Grants Ex Parte Decree in Summary Suit for Recovery of Liquidated Sum Under Written Contract. Plaintiff Entitled to Decree Under Order XXXVII Rule 2(3) CPC as Defendant Failed to Appear Despite Service.

30 Sep 2014

The plaintiff, M/s. NRP Entertainment & Network Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the d...

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