Bombay High Court
Il And Fs Financial Services ... vs Anupama Agarwal And 4 Ors on 12 January, 2021
Bench: N. J. Jamadar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
SUMMONS FOR JUDGMENT NO. 21 OF 2019
IN
COMMERCIAL SUMMARY SUIT NO. 396 OF 2019
IL & FS Financial Services Ltd. .... Plaintiff
Vs.
1. Anupama Agarwal & Ors. ... Defendants
Ms. Ankita Agrawal i/b DSK Legal for applicant/plaintiff.
None for defendants.
CORAM : N.J. JAMADAR, J.
DATE : 12th JANUARY 2021
P.C.
1. Heard the learned counsel for the plaintiff. None appeared for the
defendants.
2. By an order dated 26th May 2020, conditional leave to defend the
suit was granted to defendant Nos.1 to 5 subject to deposit of a sum of
Rs.32,94,71,781/- within a period of twelve weeks therefrom.
3. The defendant Nos.1 to 5 did not deposit the said amount within the
Digitally
said period, which expired on 18th August 2020. The defendants sought an
signed by
Shraddha
Shraddha K. Talekar
K.
Date:
extension of time to deposit the said amount. By an order dated 20 th
Talekar 2021.01.12
16:41:38
+0530
August 2020, this Court granted eight weeks' extension from 18 th August
2020 for making deposit of the amount in accordance with the order of
conditional leave dated 26th May 2020. It was further made clear that the
Shraddha Talekar PS
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said extension was granted by way of indulgence and as a last chance, and
that, under no circumstances, request of further extension of time on
behalf of the defendants shall be entertained.
4. The learned counsel for the plaintiff submits that the defendants
have failed to deposit the amount within the extended period as well. A
Non-deposit certificate issued by the Prothonotary and Senior Master of
this Court dated 26th October 2020 is tendered for the perusal of the Court.
5. In the ordinary course, this Court would have directed the plaintiff to
tender the original documents and affidavit in support of the claim for
judgment. However, by order dated 26th May 2020, while granting
conditional leave, this Court had impounded the documents namely, loan
agreement dated 29th December, 2017, the letters of guarantee, dated 29 th
December 2017, and the Pledge Agreement dated 26 th February, 2018, and
directed the Prothonotary and Senior Master to forward those documents
to the Superintendent of Stamps / Collector of Stamps, Mumbai for
adjudication with a further direction to the Adjudicating Authority to
adjudicate the stamp-duty and penalty, if any, within six weeks from the
date of the receipt of the impounded documents. The plaintiff was directed
to pay the amount of stamp-duty along with penalty, if any, to be
adjudicated by the Superintendent of Stamps/Collector of Stamps within
two weeks of receiving the copy of the order.
Shraddha Talekar PS
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6. The learned counsel for the plaintiff submitted that the plaintiff has
been informed about the forwarding of the impounded documents to the
Adjudicating Authority vide communication dated 20th August 2020. The
learned counsel, however, submits that the plaintiff has yet not been
informed about the order, if any, passed by the Adjudicating Authority.
7. In the aforesaid view of the matter, the Prothonotary and Senior
Master is directed to call a report from the Adjudicating Authority as to
whether it has complied with the order of this Court dated 26th May 2020.
8. List the matter on 2nd February 2021.
In the meanwhile, the plaintiff shall file the original
documents, apart from the impounded documents, on which the
plaintiff relies and an affidavit in support of the claim.
[ N.J. JAMADAR, J. ]
Shraddha Talekar PS
