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M/S Central Restaurant And Cafe vs Bhavin Tolia on 18 July, 2025 cites

Shanthi vs T.D.Vishwanathan And Ors on 24 October, 2018

32. The decision in Chandi Prasad [Chandi Prasad v. Jagdish Prasad, (2004) 8 SCC 724] was followed by a two- Judge Bench of this Court in Shanthi v. T.D. Vishwanathan [Shanthi v. T.D. Vishwanathan, (2019) 11 SCC 419 : (2019) 4 SCC (Civ) 787] , rendered on 24-10-2018 in the following terms : (Shanthi case [Shanthi v. T.D. Vishwanathan, (2019) 11 SCC 419 : (2019) 4 SCC (Civ) 787] , SCC p. 421, para 7) "7. ... When an appeal is prescribed under a statute and the appellate forum is invoked and entertained, for all intents and purposes, the suit continues. When a higher forum entertains an appeal and passes an order on merit, the doctrine of merger would apply. The doctrine of merger is based on the principles of the propriety in the hierarchy of the justice delivery system. The
Supreme Court of India Cites 4 - Cited by 9 - N V Ramana - Full Document

Chandi Prasad & Ors vs Jagdish Prasad & Ors on 1 October, 2004

32. The decision in Chandi Prasad [Chandi Prasad v. Jagdish Prasad, (2004) 8 SCC 724] was followed by a two- Judge Bench of this Court in Shanthi v. T.D. Vishwanathan [Shanthi v. T.D. Vishwanathan, (2019) 11 SCC 419 : (2019) 4 SCC (Civ) 787] , rendered on 24-10-2018 in the following terms : (Shanthi case [Shanthi v. T.D. Vishwanathan, (2019) 11 SCC 419 : (2019) 4 SCC (Civ) 787] , SCC p. 421, para 7) "7. ... When an appeal is prescribed under a statute and the appellate forum is invoked and entertained, for all intents and purposes, the suit continues. When a higher forum entertains an appeal and passes an order on merit, the doctrine of merger would apply. The doctrine of merger is based on the principles of the propriety in the hierarchy of the justice delivery system. The
Supreme Court of India Cites 18 - Cited by 104 - S B Sinha - Full Document

Sanjana Agarwal vs Namoshivai Apparels Private Ltd on 22 September, 2023

NC: 2025:KHC:27021 WP No. 4479 of 2025 HC-KAR remedy provided for in Section 12A of the said Act. In this context it must be noted that ordinarily a counter-claim can only be entertained provided such counter-claim is filed along with the written statement in terms of Order VIII Rule 6A of the Code. Such claim/cause of action may arise not only before the filing of the suit but even after filing of the suit provided the same accrues before the defendant has delivered his defence or before the time limited for delivery of defence has expired. Having regard thereto, if the defendant chooses not to file counter-claim and waits for having its remedy by the way of mediation, the defendant may lose its valuable right of filing a counter-claim, since the said Act provides for outer time limit within which written statement is required to be filed. This apart, considering the object of the said Act, which is to ensure speedy resolution of the commercial dispute, any steps taken by the defendant to delay the filing of the written statement by reasons of pendency of a pre-institution mediation would defeat the very object for which the said Act has been enacted. Having regard thereto, I am of the view that there is no requirement in law for proceeding with pre-institution mediation prior to filing of a counter-claim. Similar view has also been taken by the Division Bench of the Hon'ble High Court at Delhi in the case of Sanjana Agarwal (supra).
Delhi High Court - Orders Cites 0 - Cited by 0 - V K Rao - Full Document

Ambalal Sarabhai Enterprises Ltd. vs K.S. Infraspace Llp on 4 October, 2019

NC: 2025:KHC:27021 WP No. 4479 of 2025 HC-KAR brought to the Civil Procedure Code to deal with the commercial disputes, only to highlight that the trial of the commercial dispute suits is put on fast track for disposal of the suits expeditiously. Various provisions of the Act referred to above and the amendments inserted to the Civil Procedure Code by the Schedule is to ensure speedy resolution of the commercial disputes in a time bound manner. The intent of the legislature seems to be to have a procedure which expedites the disposal of commercial disputes and thus creates a positive environment for investment and development and make India an attractive place to do business."
Supreme Court of India Cites 33 - Cited by 148 - A S Bopanna - Full Document
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