The Delhi High Court Justice Manmohanwas delivered the judgment. The fact of the case was courted need not hold a trial in commercial suits, even if there are disputed questions of fact, if it comes to the conclusion that the defendant lacks a real prospect of successfully defending the claim. Justice Manmohan reiterated that the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015 is to ensure disposal of commercial disputes in a time-bound manner. He also opined that Rule 3 of Order XIIIA, CPC, as applicable to commercial disputes, empowers the Court to grant a summary judgement against the defendant where the Court considers that the defendant has no real prospect of successfully defending the claim and there is no other compelling reason why the claim should not be disposed of before recording of oral evidence.
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