NBFC Moves Karnataka High Court Alleging Trial Court Cited 'Non-Existing Judgments' To Reject Its Claim
1 month, 3 weeks ago

NBFC Moves Karnataka High Court Alleging Trial Court Cited 'Non-Existing Judgments' To Reject Its Claim

Live Law  

The Karnataka High Court on Tuesday heard a petition wherein it is claimed that the trial court relied on non-existing judgments on the records of the respective courts to pass an order rejecting the application filed for return of plaint. Senior Advocate Prabhuling K Navadgi appearing for the petitioner Sammaan Capital Limited, a Non-Banking Finance Company submitted before Justice R Devdas and said, “The judgment cites supreme court orders which are non existent.if such non existent judgments are relied upon.it's really a sorry state of affairs.sometimes AI generated research.gives such wrong conclusions”. The petitioners questioned the order of the trial court dated November 25, 2024, by which the application filed under Order VII Rule 10 read with Section 151 of Civil procedure Code, seeking return of plaint filed by Mantri Infrastructure Private Limited, came to be rejected. The Plaintiffs for reasons best known to them did not pursue the Commercial Suit and moved a memo to withdraw the same and the Commercial Suit was withdrawn without liberty to file afresh vide Subsequently the respondents filed the suit on the original side, seeking almost identical reliefs like injunction against the Invocation Notice, déclaration that the debts have been discharged, injunction against SARFAESI and NCLT proceedings and other reliefs.

History of this topic

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