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Documents citing Su-Kam Power Systems Ltd. vs Mr. Kunwer Sachdev & Anr. on 30 October, 2019

Mrs. Seema Sachdeva vs M/S Neo Hi-Tech Contractors on 29 January, 2022

23. For the reasons discussed above and the judgments i.e Su-Kam Power System Vs Kunwer Sachdeva & Ors (Supra) and Venezia Mobili (India) Pvt. Ltd (Supra), the said defence raised is apparently moonshine as no triable issues are raised by said defence, no oral evidence is required for disposal of the matter in this case and it is a fit case to be disposed off by way of summary judgment under order 13A CPC.
Delhi District Court Cites 6 - Cited by 0 - Full Document

M/S Brand Stewards Media Services vs M/S Advantage Computers (India) on 3 January, 2022

33.The judgment of Su-Kam (supra) expounded the concept of the expression 'real' and held that is means 'realistic' as opposed to 'fanciful' prospects of success. Consequently, Order XIII-A CPC would be attracted if the Court, while hearing such an application, can make the necessary finding of fact, apply the law to the facts and the same is a proportionate, more expeditious and less expensive means of achieving a fair and just result.
Delhi District Court Cites 11 - Cited by 0 - Full Document

Ado India Pvt. Ltd vs Ashiana Homes Pvt. Ltd on 30 April, 2025

In 'Su-Kam's case (supra), the Hon'ble Delhi High Court has held that the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015 is to ensure disposal of commercial disputes in a time-bound manner and that in fact, the applicability of Order XIIIA, CPC to commercial disputes, demonstrates that the trial is no longer the default procedure/norm. It has further observed that where the Court comes to the conclusion that the defendant has no real prospects of successfully defending the claim and there is no other compelling reason why the claim should not be disposed of before recording of oral evidence, the Court must pronounce judgment. It has been further held that the expression "real" directs the Court to examine whether there is a "realistic" as opposed to "fanciful"
Delhi District Court Cites 13 - Cited by 0 - Full Document

F1 Infotech Private Limited vs Omnitel Technologies Private Limited on 26 May, 2025

In the considered opinion of this Court, the Plaintiff cannot be permitted to do so. In 'Su-Kam Power Systems Ltd. Vs. Kunwer Sachdev and Another, 2019 SCC Online Del 10764, the Hon'ble Delhi High Court has held that the intent behind incorporating the CS (Comm.) No. 1293/18 F1 Infotech Pvt. Ltd. Vs. Omnitel Technologies Pvt. Ltd. & Ors Page 26 of 27 ANU Digitally signed by ANU GROVER GROVER BALIGA Date: 2025.05.29 BALIGA 15:39:58 +0530 summary judgment procedure in the Commercial Court Act, 2015 is to ensure disposal of commercial disputes in a time-bound manner and that in fact, the applicability of Order XIIIA, CPC to commercial disputes, demonstrates that the trial is no longer the default procedure/norm. It has further observed that where the Court comes to the conclusion that the defendant has no real prospects of successfully defending the claim and there is no other compelling reason why the claim should not be disposed of before recording of oral evidence, the Court must pronounce judgment. It has been further held that the expression "real" directs the Court to examine whether there is a "realistic" as opposed to "fanciful" prospects of success. In the present case, in view of the detailed discussion hereinabove, this Court is of the considered opinion that there is no prospect of the Plaintiff succeeding in its claim against Defendant No. 2 and 3. This Court thus finds no reason whatsoever to put the present case on trial. As such, the application filed by Defendant No. 2 u/s XIII-A CPC stands allowed and the suit of the Plaintiff is hereby summarily dismissed. There are no orders as to costs.
Delhi District Court Cites 10 - Cited by 0 - Full Document

Through Its Authorized Signatory/Poa ... vs M/S M.N.S. Builders on 6 April, 2023

8.3 It is pertinent to refer to Su-Kam Power Systems Ltd. vs Kunwar Sachdev and Another, (Supra), wherein the Hon'ble High Court of Delhi has held, "49. Consequently, this Court is of the view that when a summary judgment application allows the Court to find the necessary facts and resolve the dispute, proceeding to trial would generally not be proportionate, timely or cost effective.
Delhi District Court Cites 9 - Cited by 0 - Full Document

Corporate Office At vs Hiveloop Technology Private Ltd on 1 December, 2021

98.The judgment of Su-Kam (supra) expounded the concept of the expression 'real' and held that is means 'realistic' as opposed to 'fanciful' prospects of success. Consequently, Order XIII-A CPC would be attracted if the Court, while hearing such an application, can make the necessary finding of fact, apply the law to the facts and the same is a proportionate, more expeditious and less expensive means of achieving a fair CS (Comm.) No. 2480/2019 Page No. 43 of 64 and just result.
Delhi District Court Cites 33 - Cited by 0 - Full Document

Smt. Poonam Gupta vs The Commissioner on 2 December, 2021

The judgment of Su-Kam (supra) expounded the concept of the expression 'real' and held that is means 'realistic' as opposed to 'fanciful' prospects of success. Consequently, Order XIII-A CPC would be attracted if the Court, while hearing such an application, can make the necessary finding of fact, apply the law to the facts and the same is a proportionate, more expeditious and less expensive means of achieving a fair and just result.
Delhi District Court Cites 16 - Cited by 0 - Full Document
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