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HIGH COURT OF GUJARAT
SONIA GOKANI, HEMANT M. PRACHCHHAK, JJ
SHREE LALJI IMPEX – Appellant
Versus
KP SANGHVI MIDDLE EAST DMCC – Respondent
| Table of Content |
|---|
| 1. description of the appeal and the background of the case. (Para 1 , 2 , 3) |
| 2. appellants' arguments challenging the trial court's judgment. (Para 5) |
| 3. respondent's contention affirming the trial court's findings. (Para 6) |
| 4. assessment of summary judgment under order xiiia of the cpc. (Para 10 , 12 , 14) |
| 5. court's analysis affirming the procedure and decision for summary judgment. (Para 16 , 17 , 18 , 19 , 20) |
| 6. conclusion and order dismissing the appeal. (Para 21 , 22) |
JUDGEMENT
(PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK)
1. The present appeal is filed under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter be referred to as the “Act”) against the summary judgment and decree dated 29.06.2021 passed by the learned 2nd Additional Senior Civil Judge (Commercial Court), Surat (hereinafter be referred to as the “Trial Court”) in Commercial Suit No.116 of 2019 whereby the Trial Court has partly allowed the suit and ordered to recover Rs.1,50,01,554.24 from the defendants – appellants herein jointly and severally from the person and property along with running interest at the rate of 6%
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