1) Supreme Court: The Commercial court Act shall have overriding effect over Arbitration and Conciliation Act 1996.
Civil Appeal Nos. 6876 of 2022, 6878 of 2022 and 6877 of 2022
Decided On: 19.10.2022
Jaycee Housing Pvt. Ltd. and Ors. Vs. Registrar (General), Orissa High Court, Cuttack and Ors.
Hon'ble Judges/Coram:
M.R. Shah and Krishna Murari, JJ.
Author: M.R. Shah, J.
2) Supreme Court: Plaint is liable to be rejected if there is violation of S 12-A of The Commercial courts Act for Pre-institution mediation
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5333 of 2022.
Decided On: 17.08.2022
Patil Automation Private Limited and Ors. Vs. Rakheja Engineers Private Limited
Hon'ble Judges/Coram:
K.M. Joseph and Hrishikesh Roy, JJ.
Author: K.M. Joseph, J.
Citation: MANU/SC/1004/2022.
3) What are powers of the court under Case Management Hearing under Commercial Courts Act?
In the High Court of Delhi at New Delhi
(Before Vibhu Bakhru and Amit Mahajan, JJ.)
Surya Food and Agro Limited Vs Om Traders and Another
RFA(OS)(COMM) 28/2019
Decided on January 20, 2023
Citation: 2023 SCC OnLine Del 265.
4) Delhi HC: The court can pass Summary judgment under O 13- A of CPC as amended by Commercial courts Act even after issues are framed
In the High Court of Delhi at New Delhi
(Before Rajiv Sahai Endlaw, J.)
K.R. Impex Vs Punj Lloyd Ltd.
CS(COMM) 646/2016
Decided on January 8, 2019
Citation: 2019 SCC OnLine Del 6667.
5) Bombay HC: Defendant is entitled to get Summary judgment when plaintiff has filed a false case only to extract money from him without any chance of succeeding.
In the High Court of Bombay
(Before B.P. Colabawalla, J.)
Interim Application (L) No. 6771 of 2020
In
Commercial (IP) Suit No. 242 of 2015
In the Matter Between
Jayant Industries Vs Indian Tobacco Company .
Decided on January 11, 2022,
6) Delhi HC: Relevancy and admissibility of portion of affidavit evidence need not be adjudicated at an interim stage, they can be decided at the time of final hearing
In the High Court of Delhi at New Delhi
(Before Amit Bansal, J.)
Levitate Mobile Technologies Pvt. Ltd. Vs Standard Chartered Bank and Another
CS(COMM) 169/2018
Decided on September 1, 2022
7) Delhi HC: Suit service can not be said to be complete unless complete paper book of the suit is supplied to other side
In the High Court of Delhi at New Delhi
(Before Valmiki J. Mehta, J.)
Sunil Alagh v. Shivraj Puri & Anr.
CS(COMM) No. 1495/2016
Decided on December 14, 2017
Citation: 2017 SCC OnLine Del 12368.
8) What is difference between summary procedure as provided under Civil procedure code and The commercial courts Act?
9) Whether application for Summary Judgment is maintainable if Summary suit is converted into Commercial suit?
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 10573 of 2022
Decided On: 31.01.2023
Ashok Commercial Enterprises and Ors. Vs. Rajesh Jugraj Madhani
Hon'ble Judges/Coram:
Sandeep V. Marne, J.
Citation: MANU/MH/0251/2023,2023 Lawweb (Bom HC ) 10.
10) Whether Commercial court can set aside no written statement order by condoning the delay of 103 days in suit transferred from regular court to commercial court?
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
W.P. No. 7520 of 2019
Decided On: 01.08.2019
Raj Process Equipments and Systems Pvt. Ltd. and Ors. Vs.
Honest Derivatives Pvt. Ltd.
Hon'ble Judges/Coram:
R.V. Ghuge, J.
Citation: MANU/MH/3846/2019,2020(2) MHLJ 78.
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