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1 - 10 of 19 (0.72 seconds)Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
G. Sundaram Chettiar vs P.A. Valli Ammal on 30 July, 1934
8. It is always undesirable, and indeed impossible, to lay down hard
and fast rules in matters that affect discretion. But it is necessary to
understand the reason for a special procedure of this kind in order that
the discretion may be properly exercised. The object is explained in
Kesavan v. South Indian Bank Ltd. [ILR 1950 Mad 251] , and is
examined in greater detail in Sundaram Chettiar v. Valli Ammal
[(1935) ILR 58 Mad 116] to which we have just referred. Taken by and
large, the object is to see that the Defendant does not unnecessarily
prolong the litigation and prevent the Plaintiff from obtaining an early
decree by raising untenable and frivolous defences in a class of cases
where speedy decisions are desirable in the interests of trade and
commerce. In general, therefore, the test is to see whether the defence
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raises a real issue and not a sham one, in the sense that, if the facts
alleged by the Defendant are established, there would be a good, or
even a plausible, defence on those facts.‖
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Chittukuri Gopala Rao vs Parachuri Subba Rao on 24 October, 1935
The learned counsel for the Plaintiff-respondent relied on Gopala Rao
v. Subba Rao [AIR (1936) Mad 246] , Manohar Lal v. Nanhe Mal [AIR
1938 Lah 548] , and Shib Karan Das v. Mohammed Sadiq [AIR 1936
Lah 584] . All that we need say about them is that if the court is of
opinion that the defence is not bonafide, then it can impose conditions
and is not tied down to refusing leave to defend.
The Companies Act, 1956
M/S.Essar Oil Ltd vs Hindustan Shipyard Ltd. & Ors on 2 July, 2015
(vii) Reliance is placed on the decisions of the Supreme Court in the
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cases of „Essar Oil Limited Vs. Hindustan Shipyard Limited1',
'IDBI Trusteeship Services Limited vs. Hubtown Limited2‟ and
„B.L. Kashyap and Sons Limited vs. JMS Steels and Power
Corporation and Another3‟.
Idbi Trusteeship Services Ltd vs Hubtown Ltd on 15 November, 2016
(vii) Reliance is placed on the decisions of the Supreme Court in the
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SHARMA
Signing Date:22.08.2025 By:PURUSHAINDRA
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cases of „Essar Oil Limited Vs. Hindustan Shipyard Limited1',
'IDBI Trusteeship Services Limited vs. Hubtown Limited2‟ and
„B.L. Kashyap and Sons Limited vs. JMS Steels and Power
Corporation and Another3‟.
B.L. Kashyap And Sons Ltd. vs M/S Jms Steels And Power Corporation on 18 January, 2022
(vii) Reliance is placed on the decisions of the Supreme Court in the
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Signed By:AMIT KUMAR Signed
SHARMA
Signing Date:22.08.2025 By:PURUSHAINDRA
11:43:52 4 KUMAR KAURAV
cases of „Essar Oil Limited Vs. Hindustan Shipyard Limited1',
'IDBI Trusteeship Services Limited vs. Hubtown Limited2‟ and
„B.L. Kashyap and Sons Limited vs. JMS Steels and Power
Corporation and Another3‟.
Rahul S Shah vs Jinendra Kumar Gandhi on 23 November, 2021
(v) Reliance has been placed on the decision of the Supreme
Court in the case of Rahul S. Shah vs. Jinendra Kumar
Gandhi and Others4,to reiterate that Defendant no.4 be
directed to file an affidavit of assets and liabilities, in addition
to the condition of deposition of the disputed amount.