Back
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 :
MANOJ JAIN, J
1. Petitioner is defending a commercial suit.
2. Challenge in the present petition is to the order dated 01.04.2024 whereby the learned Trial Court has passed a summary judgment under Order XIII-A CPC and has directed the defendant (petitioner herein) to deposit an amount of Rs. 19.50 lacs in the Court in the form of a Fixed Deposit Receipt (FDR).
3. The question posed, herein, is pure legal in nature.
4. According to defendant, since the suit was "originally filed’ under summary procedure, there was legal embargo in seeking any judgment under Order XIII-A CPC.
5. Before coming to the aforesaid legal proposition, it will be appropriate to narrate background facts, albeit, in very brief.
6. Plaintiff has sought recovery of Rs. 53,77,197/- from the defendant for the services rendered by the plaintiff under one agreement dated 01.08.2020 executed between the parties. In terms of such agreement, plaintiff made payment with respect to the salary of workmen deployed at the defendant‟s organization. Si
A suit originally filed under summary procedure cannot later allow summary judgment under a different procedural order.
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....
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.
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
