being a commercial
document, utmost importance had to be given to its efficacy.
Shri Patil, in support of the submissions placed reliance on
Polymat India ... agreement are not
synonymous or interchangeable. The principle of business
efficacy will also have to be kept in mind for interpreting the
contract. The terms
jurisdiction of this Court on the ground that
it is the only efficacious remedy available to him, and he has
sought a direction ... while construing the terms of commercial
contract, "The principles of business efficacy to the
transaction", must be intended at all events by both
Section 17 of the Act before the Debt Recovery Tribunal was not efficacious and the compelling reasons for by-passing the same. Unfortunately,the High ... High Court rightly dismissed the petition on the ground that an efficacious remedy was available to the appellants under Section
before the Court. Learned District Judge
found that the appellant has got efficacious remedy under
Section 17 of the Act and therefore, the application filed ... Learned District
Judge also found that as the appellant has got equally efficacious
remedy under Section 17 of the Act, the relief of injunction
sought
learned Additional Chief Standing Counsel that the petitioners have an alternative and efficacious remedy of filing a claim petition before the learned U.P. Public ... seniority list and consequently once the petitioners have got an alternative and efficacious remedy of filing of a claim petition, this Court would not like
Points for determination in O.S.A.:
1. Whether the business efficacy of an agreement entered into between the two consenting parties can be questioned ... agreement ought to be read in a manner to give its business efficacy and further, a Court of Law must endeavour to uphold an agreement
writ-jurisdiction and not resort
to the alternative remedy, which is efficacious
also. All the issues, which have been raised
before this Court, can also ... Section
17 of the Act before the Debt
Recovery Tribunal was not
efficacious and the compelling
reasons for by-passing the same.
Unfortunately, the High
Section 17 of the Act
before the Debt Recovery Tribunal was not efficacious and the
7
compelling reasons for by-passing the same. Unfortunately ... High Court
rightly dismissed the petition on the ground
that an efficacious remedy was available to the
appellants under Section
taken as commercial
undertaking of the parties “with a sense of business efficacy”
as held in Ayyasamy case?
12. First, the Rishabh entered into ... that the duty of the Court is to impart “sense of business
efficacy” to the commercial transactions pointing out that mere
allegations of fraud were
writ petition as narrated by the Apex Court, the provision of efficacious alternative remedy under the statute also to be considered. If the writ petitions ... into the legal principles settled by the Apex Court for exhausting the efficacious alternative remedy provided under the statute.
22.When an effective alternative remedy
