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SENTHILKUMAR RAMAMOORTHY
Northern Arc Capital Limited, Rep. by its authorised signatory J. Veda Raguraj – Appellant
Versus
Sambandh Finserve Private Limited Rep. by its Director – Respondent
JUDGMENT
(Prayer: This Application is filed under Order XIV Rule 8 of the Madras High Court original side Rules, 1956 r/w Order XIII-A of CPC praying to pass a judgment and decree and directing the first and second Respondents to pay the entire suit claim of Rs.38,16,45,711/-, jointly and severally to the Applicant herein.)
1. The Plaintiff has filed this application for summary judgment. By such application, the Plaintiff seeks a judgment and decree for the suit claim of Rs.38,16,45,711/-, jointly and severally, against the first and second Respondents/Defendants.
2. The Applicant/Plaintiff submits that the first Defendant borrowed money from the Plaintiff under multiple facility agreements. These loans were guaranteed by the second and third Respondents/Defendants. On 07.10.2020, the then Chief Financial Officer and other senior employees of the first Defendant issued a communication stating that the first Defendant does not have sufficient liquidity to service its debt obligations and had defaulted in repayment since 30.09.2020. The Applicant/Plaintiff also relies upon an email of 15.10.2020 from the second Defendant to the Plaintiff enclosing a letter dated 13.10.2020. In such let
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.
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 that the provisions of Order XIII-A of the CPC, which enable the court to decide commercial disputes without recording oral evidence, must be follo....
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 main legal point established in the judgment is the application of the grounds for summary judgment as prescribed in Rule 3 of Order XIII-A of CPC and the interpretation of similar provisions in ....
Summary judgment may be granted when the defendant fails to raise triable issues, and mere denials without substantiation do not constitute a valid defense.
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