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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ JAIN
ACCE Global Software Pvt Ltd – Appellant
Versus
Avant Career Pvt Ltd – Respondent
| Table of Content |
|---|
| 1. overview of the original suit's context and proceedings. (Para 2) |
| 2. arguments regarding the maintainability of the summary judgment application. (Para 4) |
JUDGMENT :
1. Petitioner is defending a commercial suit.
3. The question posed, herein, is pure legal in nature.
5. Before coming to the aforesaid legal proposition, it will be appropriate to narrate background facts, albeit, in very brief.
7. Suit is being resisted by the defendant and though the execution of agreement is not in dispute, according to defendant, plaintiff was in breach of the agreement and was under obligation to provide certain details which they never furnished and, therefore, there was no possibility of reconciliation of the accounts either. It also claimed that no "service charge‟ could have been claimed by the plaintiff from the month of March, 2021 as the services were put to halt after February, 2021. It also claimed that one blank-cheque was fraudulently misused and presented by the plaintiff, whereby, plaintiff has committed breach of trust in a planned manner and cheated the defendant.
9. This is how the the matter landed before a Commercial Court.
11. Learned District Judge (Commercial Court
A suit originally filed under summary procedure cannot later allow summary judgment under a different procedural order.
The main legal point established in the judgment is that the nature of the suit, the rights of the parties, and the procedure to be followed should be determined based on the specific provisions of t....
In a summary suit, if defendant discloses such facts of a prima facie fair and reasonable defence, court may grant unconditional leave to defend.
Summary suit – If a reply or defence is allowed to come on record in a summary suit without Leave of Court then distinction sought to be maintained between a Suit normally instituted and Summary Suit....
Summary judgment is not appropriate in cases with substantial factual disputes requiring evidentiary hearing; admissions in documents alone do not justify bypassing trial.
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