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1 - 7 of 7 (0.20 seconds)Mechelec Engineers And Manufacturers vs M/S. Basic Equipment Corporation on 1 November, 1976
"17. Accordingly, the principles stated in para 8 of
Mechelec case [Mechelec Engineers & Manufacturers v.
Basic Equipment Corpn., (1976) 4 SCC 687] will now
stand superseded, given the amendment of Order 37 Rule
3 and the binding decision of four Judges in Milkhiram
case [Milkhiram (India) (P) Ltd. v. Chamanlal Bros., AIR
1965 SC 1698 : (1966) 68 Bom LR 36] , as follows:
Suresh Kumar Wadhwa vs State Of M.P . on 25 October, 2017
(i) Suresh Kumar Wadhwa vs. State of M.P. (supra) was a case of suit
for declaration and refund of security amount qua the four nazul plots
of the State that were to be sold in public auction. This judgement
does not in any way help the plaintiff as far as the arguments for reject
CS(OS) 297/2019 Page 12 of 15
the leave to defend is concerned.
Milkhiram (India) Private Ltd. And Ors. vs Chamanlal Bros. on 23 April, 1965
"17. Accordingly, the principles stated in para 8 of
Mechelec case [Mechelec Engineers & Manufacturers v.
Basic Equipment Corpn., (1976) 4 SCC 687] will now
stand superseded, given the amendment of Order 37 Rule
3 and the binding decision of four Judges in Milkhiram
case [Milkhiram (India) (P) Ltd. v. Chamanlal Bros., AIR
1965 SC 1698 : (1966) 68 Bom LR 36] , as follows:
Section 55 in The Transfer Of Property Act, 1882 [Entire Act]
Idbi Trusteeship Services Ltd vs Hubtown Ltd on 15 November, 2016
The Hon'ble Supreme Court in IDBI Trusteeship Services Limited vs.
Hubtown Limited (supra) held that Order XXXVII CPC was subject matter
of amendment in the year 1976 and the same has resulted in the difference in
CS(OS) 297/2019 Page 9 of 15
the law laid down by earlier judgments i.e., principally Mechelec Engineers
& Manufacturers vs. Basic Equipment Corpn., (1976) 4 SCC 687.
Sudin Dilip Talaulikar vs Polycap Wires Pvt Ltd on 15 July, 2019
14. The principles of law for grant or refusal of leave to defend has been
well settled by the Hon'ble Supreme Court in IDBI Trusteeship Services
Limited vs. Hubtown Limited, (2017) 1 SCC 568 which has been followed
in Sudin Dilip Talaulikar v. Polycap Wires (P) Ltd., (2019) 7 SCC 577.
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