The court dismissed an application for summary judgment in a suit for recovery of license refund charges. The single judge held that triable issues existed due to the defendants' denial of the contract and the absence of documentary evidence proving liability admission.
Application for summary judgment dismissed; main suit to proceed for framing issues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.6388 of 2023
Application No.6388 of 2023 in C.S.No.127 of 2020
ABDUL QUDDHOSE, J.
The suit has been filed for recovery of money, which, according to the plaintiff, is towards the refund of the license charges on account of the defendants not permitting the plaintiff as licensee to continue with the license as per the contract.
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A.No.6388 of 2023
plaintiff or with any of his family members. According to the defendants, the plaintiff is not a licensee and therefore, the present suit filed by him is a false suit. The defendants have also disputed the relationship between the plaintiff and Mr.Jeyaraman as disclosed in the plaint.
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A.No.6388 of 2023
Court cannot entertain this application for summary judgment, as there are several triable issues involved.
22.02.2024
rkm
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A.No.6388 of 2023
ABDUL QUDDHOSE, J. rkm
Application No.6388 of 2023 in C.S.No.127 of 2020
22.02.2024
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2 issues framed by the court
Whether an application for summary judgment can be granted when the defendant denies the existence of the contract and there are triable issues.
Whether the plaintiff has substantiated his claim through documentary evidence of admission of liability.
plaintiff
defendants
ABDUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
