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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Odean Builders Pvt. Ltd. – Appellant
Versus
Sasumorov Enterprises Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual background. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. contentions and arguments presented by both parties. (Para 9 , 10 , 11) |
| 3. court's analysis and findings on issues raised. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. final decision and conclusion of the case. (Para 29 , 30 , 31) |
JUDGMENT :
ANIL KSHETARPAL, J.
1. The present Appeal, filed by the Appellant [Defendant before the learned Single Judge], is directed against the judgment and decree dated 16.11.2018 [hereinafter referred to as 'Impugned Judgment'] passed by learned Single Judge in CS(COMM) No. 927/2016, whereby the learned Single Judge decreed the summary suit instituted by the Respondent [Plaintiff before the learned Single Judge] for recovery of Rs. 2,33,46,254/-, together with pre-suit interest @ 15% per annum calculated after expiry of 60 days from the date of each invoice till institution of the suit, and pendente lite as well as future interest @ 9% per annum while declining leave to defend the suit.
2. The issue which arises for consideration in the present Appeal is whether the learned Single Judge was justified in refus
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....
The court ruled that leave to defend a summary suit should be granted where defendants raise substantial defenses; however, failure to demonstrate a triable issue leads to dismissal.
(1) Summary suit (Money suit) – Generally, prayer for leave to defend is to be denied in such cases where defendant has practically no defence and is unable to give out even a semblance of triable is....
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....
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 main legal point established in the judgment is the requirement of written documents for maintaining a suit under Order XXXVII of the CPC and the principles governing the grant of leave to defend....
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....
A defendant must establish a substantial or triable issue to gain unconditional leave to defend under Order XXXVII; conditional leave can be issued if there are serious doubts regarding the genuinene....
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