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.