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...claim against the principal is in respect of a debt or liquidated demand only.5. It is, therefore, manifest that a suit for the recovery of debt or liquidated demand in mon...XXXVII of the Code of Civil Procedure for recovery of Rs. 90,424/- against the respondent on the basis of agreement dated 8th September, 1998, reached between the parties pursuant to compromise...further proceedings in accordance with the provisions of Order XXXVII CPC, by an order dated 11.5.2000 treated the said suit as an ordinary civil suit and directed the issue of summons for settlement of...
...account the suit is not one for recovery of a liquidated demand.5. A feeble attempt is made to urge that the principal had issued cheques totalling Rs. 1,78,19,565.63 (Rupees One Crore...Three only). It could then possibly have been urged that the suit was on a liquidated demand. But, as pleaded, the suit is clearly premised on a statement of account which has not been acknowledged by the...of the plaint do not bring out that the demand would be a liquidated demand with reference to the cheques. We would have appreciated if in the plaint the pleadings made a reference to the various...
...not warrant grant of leave. The application is accordingly dismissed.13. Since leave to defend has been refused and it is a suit for recovery of a liquidated demand in money, on the basis...suit filed by the plaintiff for recovery of Rs. 10,13,870.50 under Order XXXVII of the Code.2. The defendant after service duly put in appearance. On summons for judgment having been...defendant, the suit is not for a liquidated amount and the matter requires accounting for which evidence will have to be led. Other ground seeking leave is that this Court has no territorial jurisdiction to...
...appellant was maintainable. The suit was filed for recovery of debt or liquidated demand of money payable by the defendant. It is urged on behalf of the respondent that the learned trial Court has given ve...procedure cannot be made applicable for the recovery of any debt or liquidated demand with or without interest if there is merely an oral contract. It is submitted that the plaintiff's suit is not covered...and rightly never discloses the terms and conditions and the rate of interest. The plaintiff has claimed interest only on the basis of oral agreement. Such suit which is for recovery of debt or liquidated ...
...) CPC whereunder this suit is said to have been filed and has submitted that the present suit is not a suit for recovery of liquidated demand in money payable by the defendant on...gone through the file and after giving my considered thought to the matter before: me, I have come to the following findings:The plaintiff has filed this suit for recovery of price of.... 230 of 1987 filed for recovery of Rs. 13,44,145.00 under Order 37 CPC by the plaintiff. The application is opposed on behalf of the plaintiff. 1 have heard the learned counsel for the parties and have...
...money or in the nature of a debt other than a penalty; or on a guarantee where the claim against the principal is in respect of a debt or liquidated demand only. He has submitted that in fact plaintiff-respondent had filed the ...nature of a debt other than penalty or on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand. In fact, it is a simple suit for recovery. That being so...the plaint would show that the plaintiff had filed a suit for recovery of Rs. 8,89,904.48 against the defendants alleging therein that the defendant institute used to take the surgical items/medicines...
...guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.
(iv) suit for recovery of receivables instituted by any...aforesaid of the senior counsel for the plaintiff, the suit is for recovery of "liquidated demand" in money payable by the defendant on a written contract.
17...value of or an amount equal to the value of the gold on the date of taking delivery of gold and for recovery of which the present suit has been filed. In my opinion the written contract reflected by the documents do not sho...
...respect of a debt or liquidated demand only.(iv) suit for recovery of receivables instituted by any assignee of a receivable.”16. The suit is admittedly not upon an...but as per the contentions aforesaid of the senior counsel for the plaintiff, the suit is for recovery of “liquidated demand” in money payable by the defendant on a written contract....value of the gold on the date of taking delivery of gold and for recovery of which the present suit has been filed. In my opinion the written contract reflected by the documents do not show any liquidated ...
...clear that the summary procedure is applicable in respect of two classes of suit:(i) The suits upon bills of exchange, the hundies and promissory notes;(ii) The suit for recovery of du...M/s Indian Iron & Steel Company Limited has filed the above referred three suits under the provisions of rule 37 cpc for recovery of Rs. 63,85,547.37 paise (claim in Suit No. 2290/1994); Rs.... 74,17,775.67 paise (claim in Suit No. 2335/1994); and for recovery of Rs. 16,18,344.47 (claim in Suit No. 2291/1994) with pendente lite and future interest with the averments and allegations that it is a...
...the defendants is that the suit under O. XXXVII of the Code of Civil Procedure is not maintainable because the present is a suit primarily for reconciliation of accounts rather than for liquidated ...for liquidated demand or debt. It cannot be said that it is a suit primarily for reconciliation of accounts. In these circumstances, it would be difficult to say that the defendants are entitled to...By this order I propose to dispose of this I.A filed under O. XXXVII R. 3(5) of the Civil P.C filed by the defendants for obtaining leave to defend this suit for recovery of money filed...
...nature of a debt other than a penalty; or
(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.
(iv) ...guarantee, and (iv) where suit is for recovery of receivable is instituted by any assignee of a receivable.
13] The case of respondent can be only considered under clause (b) of sub rule ..., "Whether the Summary Suit for recovery of earnest money paid, in pursuance of oral agreement of sale, can be filed under Order 37 Rule 1 of Code of Civil Procedure?.
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6. In terms of Order XXXVII CPC a suit under Order XXXVII CPC for recovery of a debt or liquidated demand in money would lie on a written contract.
...after the petitioner filed a review and a detailed order has been passed treating the suit as an ordinary suit.
2. The reason given by the Trial Court for treating the suit....
3. Since the orders impugned herein were passed prior to the issuance of notice/summons to the defendant/respondent in the Suit, this petition is taken up for hearing without notice...
...only for the recovery of debt or liquidated demand in money payable by him; that a suit claiming damages for breach of contract would not be a summary suit, hence, unconditional leave mus...also in view of the categorical liquidated demand for Rs. 11,83,245 made by the respondent, the Trial Court held that the suit had rightly been instituted under Order XXXVII, CPC. Consequently, the...contract wherein the petitioner undertook to pay money as per the direction of the respondent; that upon termination of the contract, the respondent made a liquidated demand for an amount of Rs...
...framed does not fall within the ambit of Order 37, CPC and the defendants have substantial defence to put forth.2. As per the plaint the suit is for recovery of fixed liquidated demand in...the plaintiff for recovery of the price of goods sold, together with interest. In the application it is, inter alia, claimed that no amount is due to the plaintiff from the defendants; the suit as...towards the plaintiff and, therefore, the present suit under Order 37. CPC had to be filed for recovery of Pound Sterlings 14895/50, with interest.3. In the application it is stated that...
...nature of a debt other than a penalty; or(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only....to avoid advertisement of the petition filed by the respondent.3. The respondent also filed Summary Suit No. 1989 of 2006 under Order 37 for passing a decree of Rs...25,83,078.35 with interest at the rate of 30% per annum from the date of suit. The summon issued by the Court was duly served upon the appellant, but neither an application was filed for leave to defend nor...
...in view of the fact that the Defendant had already issued “C Forms” to the Plaintiff. It is further pleaded that “the suit is for the recovery of Debt/Liquidated demand in money payable by then...Vikramjit Sen, J.:— This suit for the recovery of Rs. 48,89,814/- (Rs. Forty Eight lakhs Eighty Nine Thousand Eight hundred Fourteen only) has been filed under the summary procedure...:“Regarding the objection as to the maintainability of the suit raised by the appellants, we are of the view that where the suit is for recovery of the price of the goods, it should construed as...
...sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty or on a guarantee where claim against the principal is in respect of a debt or liquidated demand only or the suit ...the classes of liquidated demand. Whether plaintiff is entitled for such relief of interest or not is always a subject matter of regular recovery suit, but cannot be a subject matter of the suit b...Procedure Code, 1908. Principally, only suit for liquidated demand is maintainable under summary procedure.
10.1 In Merchem Limited (supra), the Division Bench of this Court have...
...agreement between the parties ascertaining the rate of interest. Thus, the suit under Order XXXVII CPC is not maintainable, though the summary suit filed by the plaintiff for recovery of liquidated ...MANMOHAN SINGH, J. (ORAL)1. The plaintiff has filed the present suit under Order XXXVII CPC for recovery of Rs. 97,59,189/-. The claim of the plaintiff is based on the amounts...or liquidated amount in money payable by the defendant with or without interest arising on a written contract. Learned counsel for the plaintiff also tried to cover the present suit on the clause...
...claim against the principal is in respect of a debt or liquidated demand only.
(iv) suit for recovery of receivables instituted by any assignee of a receivable...legislative changes. (emphasis supplied)
36. In view of aforesaid exposition of law, I find it rather difficult to accede to the submission of Mr. Choudhary that a suit for recovery of debt or...
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that the suit is for recovery of a debt or liquidated amount. Such a suit is maintainable sans a written contract, wa...
...debt or liquidated demand only or the suit for recovery of receivables instituted by any assignee of a receivable. Baring the above classes of the suit, no other suit or
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recovery is maintainable under Order 37 of the Civil Procedure Code, 1908. Principally, only suit for liquidated demand is...Rs.3,01,71,154/- on the principal amount. So, it never falls within the classes of liquidated demand. Whether plaintiff is entitled for such relief of interest or not is always a subject matter of regular recovery ...