Hindustan Copper Ltd vs Vijaya Bank And 2 Others
2021 Latest Caselaw 2533 Bom

                                                        11-SJ69-17INCOMSS252-2017.DOC

                                                                                Santosh
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                    IN ITS COMMERCIAL DIVISION


                             SUMMONS FOR JUDGMENT NO. 69 OF 2017
                                            IN
                              COMM SUMMARY SUIT NO. 252 OF 2017

                   Hindustan Copper Ltd.                                   ...Plaintiff
                                      Versus
                   Vijaya Bank & ors.                                   ...Defendants


                   Mr. Shriram S. Kulkarni, a/w Sachin Chavan, for the Plaintiff.
                   Mr. Balraj Kulkarni, i/b PRS Legal, for Defendant no.1.


                                             CORAM:       N. J. JAMADAR, J.

                                             DATED :      8th FEBRUARY, 2021
                   PC:-

1. Heard the learned Counsels for the parties.

2. Mr. Shriram Kulkarni, the learned Counsel for the

plaintiff, invited the attention of the Court to the order dated

16th April, 2019, whereby the suit came to be disposed of in

accordance with the Consent Terms executed by and between

the plaintiff and defendant no.3, dated 11 th April, 2019.

Paragraph 6 of the said order reads as under:

"6. In view of the Consent Terms, the suit against Defendants Nos.1 and 2 is disposed of. It will stand revived against Defendants Nos.1 and 2 only if V. S. Defendant No.3 commits default."

Parekar Digitally signed by V. S. Parekar Date: 2021.02.08 17:54:40 +0530

11-SJ69-17INCOMSS252-2017.DOC

3. The learned Counsel for the plaintiff submits that the

event of default has occurred by defendant no.3, who has

committed default in payment of installment which fell due from

15th June, 2019 (3rd installment towards), as mentioned in

paragraph 6 of the Consent Terms. An affdavit of Mr. Gagan

Choubey, the Manager (Marketing) of the plaintiff is fled in

support of the said claim

4. In this view of the matter, the aforesaid stipulation as to

revival of the suit comes in force. Hence, the suit as against

defendant nos.1 and 2 stands restored to fle.

5. Summons for Judgment No.69 of 2017, be listed for

hearing on 8th March, 2021.

6. Drawing of a decree be expedited.

[N. J. JAMADAR, J.]