Supreme Court of India
Madhav Prasad Aggarwal & Anr. v. Axis Bank Ltd. & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, these appeals are allowed. Resultantly, the impugned judgment and order of the Division Bench of the High Court in the concerned appeals are set-aside and instead the order of the learned Single Judge dismissing the notice of motion(s) in the concerned suit(s), is restored. Thus, the notice of motion taken out by respondent No.1 in the concerned suit(s) are dismissed with liberty to respondent No.1, as aforementioned. All pending interim applications are also disposed of. No order as to costs.
Judgment, 16
From the headnote
Code of Civil Procedure, 1908: Order 7 Rule 11(d) – Rejection of plaint – Relief of rejection of plaint, sought by one of the defendants – Permissibility – Held: In exercise of powers u/Or. 7 r. 11(d) the plaint has to be rejected as a whole or not at all – Such relief cannot be pursued only in respect of one of the defendants – In the present case rejection of plaint only qua respondent No. 1 by the High Court in exercise of powers u/Or.…
Authorities it was built on
- 2004 Mardia Chemicals Ltd. Etc. Etc. v. Union of India and Ors. Etc. Etc.
- 2003 Liverpool and London S.P. and I Asson. Ltd. v. M.V. Sea Success I and Anr.
- 2017 Sejal Glass Ltd. v. Navilan Merchants Pvt. Ltd.
- 2009 Nahar Industrial Enterprises Ltd. v. Hong Kong & Shanghai Banking Corporation
- 2013 Jagdish Singh v. Heeralal and Others
Where later benches applied it
- 2023 Kum. Geetha, D/o Late Krishna & Ors. v. Nanjundaswamy & Ors.
- 2026 S Valliammai v. S Ramanathan
- 2025 Central Bank of India & Anr. v. Smt. Prabha Jain & Ors.
- 2025 Indian Evangelical Lutheran Church Trust Association v. Sri Bala & Co.
Of those, 1 relied on · 3 referred to
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