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MILIND N. JADHAV
Mobile Arts S. A. L. – Appellant
Versus
Mauj Mobile Private Ltd. – Respondent
JUDGMENT:
Milind N. Jadhav, J.
1. Heard Mr. Pankaj Mehta, learned Advocate for Petitioner and Mr. Kunal Mehta, learned Advocate for Respondent.
2. Present Writ Petition challenges the impugned judgment dated 25.01.2024 passed by the City Civil Court at Mumbai in Summons for Judgment No.152 of 2023 in Commercial Summary Suit No.316 of 2022. By the impugned judgment dated 25.01.2024, Trial Court has dismissed Summons for Judgment filed by Petitioner who is Plaintiff before the Trial Court and granted unconditional leave to defend to Respondent who is Defendant before the Trial Court.
3. Facts necessary for adjudication of the present case are as follows:-
3.1. Petitioner is a Company incorporated and registered in Lebanon and is engaged in the business of providing variants of digital advertising services. Respondent is a private limited company engaged in the business of media in India and involved in computer related activities and is a premium content market place for entertainment and edutainment.
3.2. Admittedly Petitioner and Respondent executed agreement nomenclatured as Media Sales Insertion Order dated 15.01.2019 wherein Respondent agreed to avail digital advertising services from
The court established that acknowledgment of debt and a valid agreement are sufficient for summary judgment, overriding the trial court's decision to grant leave to defend.
Point of Law - Court has considered the issue and confirmed the order passed by the learned trial court granting the application for leave to defend conditionally. All the rights and contentions of t....
Order XXXVII CPC be called upon to look at various documents and various statements of accounts, spread over periods running into years, so as to determine how amount due in the suit claimed is arriv....
In summary suits, the trial judge has discretion to grant conditional leave to defend based on triable issues, essential for expediting commercial disputes, unless genuine financial inability is subs....
The court emphasized the necessity of proper service of summons in summary suits and the defendants' rights to defend, leading to the modification of the order directing the deposit of the admitted a....
The presence of triable issues in a summary suit, where the defendant's obligations are interdependent, necessitates unconditional leave to defend without a pre-deposit requirement.
The court confirmed that jurisdiction is established where significant parts of the cause of action arise, supported by relevant documentation, and upheld the decree in absence of a legitimate triabl....
Unconditional leave to defend is the rule, conditional leave to defend is the exception, and denial of leave to defend is to be limited to the most extreme of cases.
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