Hindustan Copper Ltd vs Vijaya Bank And 2 Others
2021 Latest Caselaw 7853 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION

                SUMMONS FOR JUDGMENT NO.69 OF 2017
                               IN
                   COMMERCIAL SUIT NO. 252 of 2017

 Hindustan Copper                                       ...      Plaintiff
       v/s.
 Vijaya Bank & ors.                                     ...        Defendants


 Mr. S.S.Kulkarni a/w. Sachin Chavan for the plaintiffs.

 Mr. Madhur Rai i/b. PRS Legal for defendant no.1.

 Mr. Akash Menon a/w. Sahil Harjani i/b. M/s. Desai & Diwanji for
 defendant no.3.

                           CORAM : DAMA SESHADRI NAIDU, J.

14th June 2021 P.C.

Earlier the 3rd defendant filed Consent Terms before the Court agreeing to re-pay the debt demanded by the plaintiff. Evidently, there is default. Now the 3rd defendant's counsel informs the Court that earlier it had mortgaged a piece of property with the 1 st defendant Bank and secured certain loan. According to him, though the 1 st defendant has cleared all the debt, the 1 st defendant Bank is not willing to release the title documents of the property. If they are released, the 3 rd

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defendant could sell the property and fulfill the Consent Terms.

2. In response, the learned counsel for the 1 st defendant, nevertheless, contends that in the first place any arrangement between the 1st defendant and 3rd defendant as to the mortgage or any other aspect of any of debt has not been part of the Consent Terms. At any rate, he has assured the Court that after the 3 rd defendant files an affidavit asserting what he has alleged now, the 1 st defendant Bank will answer those allegations.

3. To enable this, both parties require an adjournment. The plaintiff's counsel, in this process, has also submitted that though the plaintiff has nothing to do with the transaction between 1 st and 3rd defendant, it is willing to wait a little more, so it may have an amicable, expeditious resolution of the issue.

4. To enable the 3rd defendant to file an affidavit as represented now, post the matter in two weeks.

(DAMA SESHADRI NAIDU, J) L.S. Panjwani, P.S.