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ABDUL QUDDHOSE
G. Sreevidhya – Appellant
Versus
Karismaa Foundations Pvt. Ltd. , Rep. by its Managing Director – Respondent
JUDGMENT :
1. This application has been filed by the plaintiff seeking for summary judgment against the defendants in terms of the suit prayers as the plaintiff contends that the defendants have no real prospect of successfully defending the suit claim.
2. In the forthcoming paragraphs, the parties are described as per their litigative status in the main suit. The plaintiff is the land owner and the first defendant is the builder. The defendants 2 to 4 are the Directors of the first defendant company. The plaintiff had paid a sum of Rs.1,50,00,000/- as advance to the first defendant, for construction of a building. The plaintiff thought it fit not to proceed with the construction thereafter and therefore, sought for refund of the advance from the first defendant. The first defendant had also not commenced the construction work on receipt of the advance amount of Rs.1,50,00,000/- from the plaintiff. The cheque issued by the first defendant towards refund of the advance amount to the plaintiff was also returned dishonoured for 'insufficiency of funds', which resulted in the plainti
The application for summary judgment is not maintainable due to triable issues, including limitation and withdrawal of the suit.
The court found that the suit was maintainable under Order XXXVII of CPC and not barred by limitation due to the deposit of TDS by the defendant. The court also found that the defendant had raised a ....
The statutory presumption under the Negotiable Instruments Act, 1881, places a higher burden on the defendant to elucidate the defense in cases of dishonored cheques. The court also emphasized the en....
The court ruled that summary judgment is inappropriate when the plaintiff must prove the diligence of prior proceedings, requiring oral evidence, thus allowing the defendant's defenses to be consider....
A decree in a summary suit can be set aside under special circumstances if the defendant demonstrates triable issues. Compliance with deposit conditions is essential for allowing a defense.
Rejection of a plaint must be based solely on the pleadings and annexed documents, excluding external defenses. Once a valid arbitration agreement is identified, the court is statutorily mandated to ....
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