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1 - 10 of 12 (0.22 seconds)THE COMMERCIAL COURTS ACT, 2015
The Right to Information Act, 2005
Su-Kam Power Systems Ltd. vs Mr. Kunwer Sachdev & Anr. on 30 October, 2019
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.
Ambawatta Buildwell Pvt Ltd vs Imperia Structure Limited & Ors on 10 May, 2019
47.In another case, Ambawatta Buildwell Pvt. Ltd. vs. Imperia
Structure Ltd. & Ors. 2019 SCC OnLine Del 8657, Hon'ble
High Court of Delhi has held that it has to be seen whether the
defence pleaded, has any chance of succeeding in law and if
the answer is in the negative, a decree on admissions or under
Order XV of CPC or a Summary Judgment under Order XIII-
A of the Code has to follow.
Venezia Mobili (India) Pvt. Ltd. vs Ramprastha Promoters & Developers Pvt. ... on 26 March, 2019
24.In response to the same, ld. Counsel for the plaintiff stated
that there is a catena of case law on the aspect of summary
judgment and that it is not akin to a judgment on admissions,
which is separately covered under Order XII Rule 6 of the
Code. In contra-distinction to the same, order XIIIA of the
Code is a self-contained Code and the provision itself is self-
speaking of its scope and arena. He relied upon the judgment
of Vengia Mobili (India) Pvt. Ltd. vs. Ramprastha Promoters
& Developers Pvt. Ltd. & Ors., passed by Hon'ble High Court
of Delhi in on 26.03.2019 in support of his submissions
stating that the entire case law up-to-date has been cited in the
said judgment and he relied upon the same.
Mallcom (India) Limited & Anr vs Rakesh Kumar & Ors on 19 March, 2019
Other significant judgments,
expounding the various facets of the scope and ambit of a
summary judgment, pronounced by the Hon'ble High Court of
Delhi are Rockwool International and Anr. vs. Thermocare
Rockwool (India) Pvt. Ltd. 2018 SCC OnLine Delhi 11911; R.
Impex vs. Punj Lloyd Ltd. 2019 SCC OnLine Delhi 6667;
Mallcom (India) Limited and Anr. vs Rakesh Kumar & Ors.
2019 SCC OnLine Delhi 7646 and Jindal Saw Limited vs.
Aperam Stainless Services & Solutions Precision SAS & Ors.
2019 SCC OnLine Delhi 9163 and the law laid down in all
these judgment has been duly considered by this Court.
The Indian Evidence Act, 1872
K.R. Impex vs Punj Lloyd Ltd. on 8 January, 2019
Other significant judgments,
expounding the various facets of the scope and ambit of a
summary judgment, pronounced by the Hon'ble High Court of
Delhi are Rockwool International and Anr. vs. Thermocare
Rockwool (India) Pvt. Ltd. 2018 SCC OnLine Delhi 11911; R.
Impex vs. Punj Lloyd Ltd. 2019 SCC OnLine Delhi 6667;
Mallcom (India) Limited and Anr. vs Rakesh Kumar & Ors.
2019 SCC OnLine Delhi 7646 and Jindal Saw Limited vs.
Aperam Stainless Services & Solutions Precision SAS & Ors.
2019 SCC OnLine Delhi 9163 and the law laid down in all
these judgment has been duly considered by this Court.
Ambalal Sarabhai Enterprises Ltd. vs K.S. Infraspace Llp on 4 October, 2019
39.In the judgment of Ambalal Sarabhai Enterprises Vs. K. S.
Infraspace LLP reported as 2019 SCC OnLine SC 1311, the
Hon'ble Supreme Court of India has been pleased to hold that
"keeping in view the object and purpose of the establishment
of the Commercial Courts and fast tracking procedure
provided under the Act, the statutory provisions of the Act and
the words incorporated thereon are to be meaningfully
CS (Comm.) No. 1185/2020 Page No. 11 of 21
interpreted for quick disposal of commercial litigations so as to
benefit the litigants especially those who are engaged in trade
and commerce which in turn will further economic growth of
the country."