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november 2013

Supreme Court of India · 2013-11-22

STATE BANK OF INDIA vs GRACURE PHARMACEUTICALS LTD.

Citation / case number
SC 2009/5868
Court
Supreme Court of India
Petitioner
STATE BANK OF INDIA
Respondent
GRACURE PHARMACEUTICALS LTD.
Author
K.S. Radhakrishnan
Bench
A.K. SIKRI K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court addressed the applicability of Order 2 Rule 2 of the Code of Civil Procedure (CPC) in two suits filed by Gracure Pharmaceuticals Ltd. against the State Bank of India. The Court held that the second suit for damages was barred under Order 2 Rule 2 CPC as the cause of action was the same as in the first suit, which sought recovery related to a Letter of Credit. The Court reversed the Delhi High Court's decision, reinstating the District Court's ruling that the second suit was not maintainable.

STATE BANK OF INDIA vs GRACURE PHARMACEUTICALS LTD. · Niyam