Back
VIBHU BAKHRU, AMIT MAHAJAN
Green Facade Solutions Pvt. Ltd. – Appellant
Versus
Odeon Builders Pvt. Ltd. – Respondent
JUDGMENT
Amit Mahajan, J. The present appeal, under Section 13 of the Commercial Courts Act, 2015, has been filed challenging the order dated 19.02.2018, passed by the learned Single Judge in CS (Comm) No. 916 of 2016 (hereafter `the impugned order'). The learned Single Judge, by way of the impugned order, rejected the plaint and dismissed the suit instituted by the plaintiff/appellant (herein), for recovery of Rs.2,54,73,672/- along with interest.
2. The appellant is engaged in the business of aluminium fabrication and is also the supplier and installer of aluminium facades for all types of residential as well as commercial projects.
3. It claims that the work orders were received from the defendant/respondent (herein) in respect of various works to be executed at (a) Agro Mall, Rohtak; (b) OPD, Rohtak; (c) ITI, Rohtak; (d) CSOI Club, Delhi; (e) Soulstice Educational, Gurgaon; (f) Rewari; (g) Maandi Farm, Delhi; and, (h) Club House. However, full payments were not made by the defendant which led to the plaintiff filing the suit for recovery of the outstanding amount. The summons were issued and the pleadings were stated to be complete.
4. The defendant filed an application being
The Court emphasized the importance of following the procedural requirements and principles of natural justice, specifically in the context of applications under Order VII Rule 11 and Order XIII-A of....
The main legal point established in the judgment is the requirement for clear, categorical, unambiguous, and unequivocal admissions for a judgment on admissions under Order XII Rule 6 of CPC, and the....
Summary Judgment—Suit cannot be summarily decreed at instance of a plaintiff unless such plaintiff satisfies court that suit claim stands duly proved.
Summary judgment may be granted when a party fails to establish a real prospect of successfully defending a claim as demonstrated by vague and insufficient defenses under applicable procedural rules.
The amended Order XIII-A of The Civil Procedure Code applies to suits for Summary Judgment transferred to the Commercial Division, and the plaintiff must provide clear and unequivocal evidence to sup....
The court affirmed that a plaint cannot be dismissed under Order VII Rule 11 if it discloses a cause of action and emphasized that authorized representatives can validly file affidavits supporting pl....
Summary judgment under Order XIII-A of CPC cannot be upon inquisition of Court – It is mandatory to serve defendant – Consequences of ‘rejection of plaint’/’return of plaint’ and ‘summary judgment’ a....
Secondary evidence is admissible under Section 65 of the Evidence Act when original documents are not available, and a plaint disclosing a cause of action must be read in its entirety.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
