Search Results for "summons stage"

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Search Results for "summons stage"

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High Court

High Court of Karnataka Allows Writ Petition Quashing Summons Issued Under Section 126 BNSS for Non-Compliance with Procedural Safeguards. The Court Holds That Executive Magistrate Must First Pass Order Under Section 130 BNSS Before Issuing Summons.

15 Dec 2025

The writ petition before the High Court of Karnataka challenged the summons dated 30.09.2025 issued by the Executive Magistrate (Respondent No.3) unde...

High Court

Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

18 Jun 2024

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

High Court

Bombay High Court Dismisses Petition Challenging Late Filing of Written Statement in Commercial Suit — Service of Writ of Summons Not Mandatory When Defendant Has Entered Appearance and Received Plaint and Notice of Motion. The court held that the object of service of summons is to give notice, and if the defendant has already appeared and received the plaint, formal service is not required under Order VIII Rule 1 CPC and Section 16 of the Commercial Courts Act, 2015.

21 Dec 2022

The Petitioner, Metro Ortem Ltd, a public limited company, filed a Commercial Suit No. 3 of 2019 before the Bombay City Civil Court at Mumbai against ...

High Court

Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

4 Aug 2021

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

High Court

Bombay High Court Allows Tenant's Application for Leave to Defend in Eviction Suit — Tenant's Affidavit Disclosing Triable Issues Regarding Bona Fide Requirement and Subletting Warrants Unconditional Leave. The court held that under Order 37 Rule 3(5) CPC, leave to defend must be granted if the affidavit raises triable issues, and the tenant's claim of tenancy and lack of bona fide requirement constituted such issues.

8 Jan 2019

The plaintiff, Sushilarani Baburao Patel, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Geeta Patel...

High Court

Division Bench of Bombay High Court Hears Appeals from Single Judge Order Refusing to Set Aside Ex-Parte Decree in Summary Suit. Ex-Parte Decree Passed in Diamond Supply Suit Under Order XXXVII CPC After Defendants Failed to Comply with Conditional Deposit Order.

27 Feb 2017

The dispute arose from a summary suit filed by Sailam BVBA, a Belgian partnership firm, against Helios Jewellery Pvt Ltd (Defendant No.1) and its four...

High Court

Bombay High Court Dismisses Defendant's Application for Leave to Produce Additional Documents in Suit for Specific Performance of Gas Supply Contract. Court Holds That Internal Documents Sought to Be Produced Were Neither Relevant Nor Disclosed in Earlier Affidavits, and Application Was a Malafide Dilatory Tactic.

29 Jan 2016

The chamber summons arose in a suit filed in 2005 by NTPC Ltd. against Reliance Industries Ltd. for a declaration that a valid and binding contract ex...

High Court

Bombay High Court Dismisses Defendant's Application to Produce Additional Documents in Suit by NTPC — Belated Filing After Cross-Examination Concluded and Multiple Prior Opportunities Not Availed. The court held that the defendant's conduct indicated a desire to delay the trial and that permitting the documents would cause prejudice to the plaintiff under Order 11 Rule 1 and Order 13 Rule 1 of the Code of Civil Procedure, 1908.

29 Jan 2016

The judgment concerns a Chamber Summons filed by the defendant, Reliance Industries Ltd. (RIL), in a suit pending since 2006 filed by the plaintiff, N...

High Court

Bombay High Court Hears Preliminary Issue on Jurisdiction Over Originating Summons in Lease Dispute Where Defendant Has Filed Separate Eviction Suit. The Court Examines Whether the Filing of a Suit Under Section 41 of the Presidency Small Cause Courts Act, 1882, After the Originating Summons Ousts the High Court's Jurisdiction.

29 Apr 2014

This case involved a dispute between Century Textiles and Industries Ltd. (plaintiff) and Nusli Neville Wadia (defendant) arising out of a 999-year le...

High Court

Bombay High Court Considers Chamber Summons to Set Aside Abatement of Arbitration Petition and Condonation of Delay. Application Filed Under Order 22 Rule 9 of Code of Civil Procedure, 1908 to Bring Legal Representatives of Deceased Parties on Record.

15 Feb 2013

The Chamber Summons was filed under Order 22 Rule 9 of the Code of Civil Procedure, 1908, seeking to set aside the abatement of Arbitration Petition N...

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