JUDGMENT

In the main suit, there is a sole plaintiff, which goes by the name 'Powerwave Technologies, Sweden AB' (hereinafter 'Powerwave, Sweden' for the sake of brevity) and there are two defendants. The first defendant goes by the name 'Syrma Technology Private Limited', Chennai (hereinafter after ‘STPL’ for the sake of brevity) and the second defendant is State Bank of India, Chennai (hereinafter referred to as ‘SBI’ for the sake of brevity). Besides the above said abbreviations and short forms, parties in this application shall also be referred to by their respective ranks in the main suit wherever necessary for the sake of convenience and clarity.

2. Instant application has been taken out by Powerwave, Sweden primarily under Order XIII-A of ‘The Code of Civil Procedure, 1908’ (‘CPC’ for brevity) as amended by ‘The Commercial Courts Act, 2015’ (‘said Act’ for brevity).

3. It is necessary to notice that aforesaid Order XIII-A of amended CPC, as amended by said Act is captioned ‘SUMMARY JUDGEMENT' and it pertains to provisions/procedure by which this Commercial Division can decide/dispose off a suit without recording oral evidence. Primary grounds on which a summary judgment can be