Commercial Litigation and Arbitration – The Law Offices of Rony Oommen John

Application for filing additional documents is liable to be dismissed if the party does not explain why the documents were not filed along with the plaint.

DID YOU KNOW that in an application for producing additional documents in a commercial suit under Order 11 of the CPC, the plaintiff must provide a reason for not disclosing the documents earlier along with the plaint?.......

Purchase of all assets of a company in an auction does not amount to taking over the management of the company.

DID YOU KNOW that merely purchasing the immovable and movable assets of a factory in the auction conducted by the secured creditor (bank) does not constitute taking over the management and the entire unit as a going concern? .......

Interim relief in the nature of final relief cannot be granted by a civil court.

DID YOU KNOW that courts may reject an application for interim injunction if the relief sought in such application is the same as the relief sought in the main suit to the effect that granting the former relief may lead to granting the latter relief?.......

Insurance Policy not vitiated because of unrelated pre-existing illness

DID YOU KNOW that in an insurance claim, the application of the exclusionary clause in light of a pre-existing illness may be avoided if the consumer forum finds that the alleged pre-existing illness is completely unrelated to the illness which triggered the application of the insurance policy?.......

Interrogatories under the CPC cannot be resorted to access irrelevant or confidential documents

DID YOU KNOW that in an application for delivering interrogatories moved by a party, the Court may find the information sought to be brought on record to be irrelevant and subject to confidentiality or privilege and dismiss such application?.......

Mere set-off or counter claim may not constitute a triable case so as to avail leave to defend a summary suit

DID YOU KNOW that our office is representing a plaintiff in a summary suit in Delhi where the subject matter of dispute is the advance token amount given in respect of a prospective lease of a commercial property.......

Meetings held at offices of lawyers of the parties cannot confer territorial jurisdiction on a civil court.

DID YOU KNOW that meetings held at the office of a litigant’s advocate cannot constitute cause of action and cannot confer jurisdiction on a civil court to decide a dispute?.......

Courts cannot decide interlocutory applications without determining the question of jurisdiction.

DID YOU KNOW that if the jurisdiction of a civil court to entertain a petition is disputed, the court cannot decide any other interlocutory application till such time the question of jurisdiction is decided?......

Period between 15.03.2020 till 28.02.2022 will be excluded while calculating limitation for any action under any general or specific law, and balance period of limitation available for initiating any action as on 15.03.2020 would become available with effect from 01.03.2022.

DID YOU KNOW that the period between 15.03.2020 till 28.02.2022 will be excluded while calculating limitation for any action under any general or specific law? As per the Supreme Court’s directions in Suo Motu Writ Petition (Civil) No. 03 of 2020, the balance period of limitation available to any person for initiating any action as […]

...

Limitation period for restoration of disposed of suit is to be calculated under Article 137 (residuary entry) of the Schedule to the Limitation Act, 1963.

DID YOU KNOW that the limitation period for the restoration of any disposed of suit/application for reason other than non-prosecution is 3 years? This is in terms of the residuary entry under the Schedule to the Limitation Act, 1963 (i.e. Article 137) which provides for a limitation period of 3 years from the date when the right to apply accrues.......

Tag: Commercial Litigation and Arbitration