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Search Results for "Undefended Suit"

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High Court

Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Held that the Trial Court Erred in Dismissing Suit for Non-Prosecution Without Considering Merits and That the Suit Was Not Abated Despite Death of Sole Proprietor as Legal Representatives Were Brought on Record.

30 Nov -0001

The present appeal arises from a suit filed in 1983 by the original plaintiffs (respondents herein) against the original defendant, Bitesh Hanumantrao...

High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

High Court

Bombay High Court Upholds Order Proceeding as Undefended in Commercial Suit After Defendant Failed to File Written Statement Within 120 Days. Mandatory 120-Day Limitation for Written Statement Under Order VIII Rule 1 CPC as Amended by Commercial Courts Act, 2015 Bars Condonation of Delay and Validates Service at Policy Address.

22 Apr 2024

This matter arose from an interim application filed by the defendant insurer in a commercial suit pending before the Bombay High Court. The plaintiff,...

High Court

Bombay High Court Allows Leave to Defend in Summary Suit for Recovery of Price of Goods Allegedly Defective. The Court held that the defendant's claim of defective goods raised a triable issue, entitling it to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

16 Apr 2018

The Petitioner, Minda Vast Access System Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging the order date...

Supreme Court

Supreme Court Remands Original Side Suit to High Court for Fresh Adjudication Due to Lack of Reasoned Judgment. Lack of Reasons by Trial and Appellate Courts Violated Principles of Judicial Procedure Under Order XLIX Rule 3(5) of the Civil Procedure Code, 1908, and Necessitated Setting Aside of Decrees.

12 Mar 1969

The dispute arose after the death of the appellant's husband, an attorney-at-law. The first respondent filed a suit on the original side of the Calcut...

High Court

Bombay High Court Dismisses Appeal in Commercial Suit Regarding Applicability of 120-Day Timeline for Written Statement. The mandatory timeline under Order V Rule 1 CPC as amended by Commercial Courts Act, 2015 does not apply to suits filed before the Act's enactment and subsequently transferred under Section 15.

28 Jan 2021

The case involves a commercial appeal filed by Reliance General Insurance Co. Ltd. against an order of a Single Judge of the Bombay High Court. The su...

High Court

Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

4 Oct 2012

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Suit Challenging Consent Decree. Amendment Allowed as Suit Was at Stage of Framing Issues and No Prejudice Caused to Plaintiffs.

4 Feb 2013

The petitioners, Salma Asgarali Makati and others, filed a Writ Petition under Article 227 of the Constitution challenging an order dated 22-10-2012 p...

High Court

Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit. Defendant's marks 'Ultraplus Cement', 'Ultra HiTouch', and 'UltraPower' held deceptively similar to registered 'UltraTech' marks under Section 29 of the Trade Marks Act, 1999.

28 Apr 2026

The plaintiffs, UltraTech Cement Limited and another, filed a commercial IP suit seeking a permanent injunction to restrain the defendant, M/s. Shiv C...

High Court

Bombay High Court Grants Ex-Parte Decree for Recovery of Excess Payment in Sub-Contract Dispute — Plaintiff Entitled to Recover Rs.12,55,965.21 with Interest at 6% p.a. Plaintiff proved that defendant fabricated bills and was paid in excess of work done, leading to decree under Order 8 Rule 10 CPC.

6 Jan 2010

The plaintiff, M/s. Offshore Industrial Construction Pvt. Ltd., filed a suit for recovery of Rs.12,55,965.21 with interest at 18% p.a. against the def...

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