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DELHI HIGH COURT
PRATEEK JALAN
Oxbridge Associates Limited – Appellant
Versus
Atul Kumra – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim for sum and refund (Para 1 , 3 , 4) |
| 2. submissions by parties regarding obligations (Para 5 , 6) |
| 3. court's reasoning in summary judgment analysis (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 22) |
| 4. summary judgment granted on liability (Para 21 , 24) |
| 5. final order and decree granted (Para 26) |
JUDGMENT
IA 1385/2017 in CS(OS) 3148/2015 (under Order XIII-A r/w Order XII Rule 6 of the CPC)
1. The plaintiff has filed the abovementioned suit for a decree against the defendant in the sum of Rs.1,55,46,586.62 alongwith pendente lite and future interest. By the present application, the plaintiff seeks summary judgment under Order XIII-A Rule 3 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") in the sum claimed or alternatively, a decree upon admission for a lesser amount, allegedly admitted by the defendant.
2. During the course of this suit, the plaintiff filed an application for attachment before judgment which was initially allowed by a judgment dated 21.12.2016 in IA No. 487/2016. That judgment however was set aside by the Division Bench on the defendant's appeal (judgment dated 20.01.2017 in FAO
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