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may 2023

Supreme Court of India · 2023-05-01

Essemm Logistics vs Darcl Logistics Limited

Court
Supreme Court of India
Petitioner
Essemm Logistics
Respondent
Darcl Logistics Limited
Author
Pankaj Mithal
Bench
Pankaj Mithal, V. Ramasubramanian

Judgment text excerpt

The Supreme Court examined the rejection of the appellant's counter-claim under Order VII Rule 11 of the Civil Procedure Code, which was upheld by the High Court. The case involved a commercial dispute where the plaintiff sought recovery of dues, while the defendant filed a counter-claim. The Court analyzed the procedural aspects of dismissing a counter-claim and upheld the lower courts' decisions, emphasizing the importance of proper application of Order VII Rule 11. The judgment clarifies the scope of judicial review in such procedural dismissals.

Essemm Logistics vs Darcl Logistics Limited · Niyam