Hindustan Copper Ltd vs Vijaya Bank And 2 Others
2021 Latest Caselaw 8545 Bom

                                                   1. SJ 69 of 2017.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              ORDINARY ORIGINAL CIVIL JURISDICTION
             SUMMONS FOR JUDGMENT NO. 69 OF 2017
                                      IN
           COMMERCIAL SUMMARY SUIT NO. 252 OF 2017


 Hindustan Copper Ltd.                                ...Plaintiff
          Versus
 Vijaya Bank and 2 Ors.                               ...Defendants
                                   ----------
 Mr. Shriram S. Kulkarni a/w Mr. Sachin Chavan - Advocate for the
 Plaintiff.
 Mr. Manas Kotak i/by M/s. Desai & Diwanji - Advocate for the
 Defendant No. 3.
                             ----------
                           CORAM : DAMA SESHADRI NAIDU, J.

DATE : 28th JUNE, 2021.

P.C. :

1. On 14.06.2021, the 3rd defendant's counsel represented that the 3rd defendant had mortgaged a piece of property with the 1st defendant-Bank and cleared the entire loan. Despite that, the 1st defendant-Bank did not return the title deeds to the property. Had those title deeds been available to him, the 3 rd defendant would have liquidated a piece of property and met his commitments in these proceedings. Then, the 3 rd defendant, through his counsel, undertook to file an affidavit in that regard.

2. In response, the 1st defendant-Bank's counsel assured

Seema 1/2

1. SJ 69 of 2017.odt

the Court that once the 3rd defendant placed his affidavit on record, he would get instructions from the Bank and also file the Bank's answer on that count. To accommodate the 3 rd defendant's request, the Court adjourned the matter, as desired by the 3rd defendant himself, by two weeks.

3. Today, too, the learned counsel for the 3 rd defendant seeks one more week. In this regard, he submits that the 3 rd defendant could not access certain documents to file the affidavit, as he undertook on the last occasion.

4. The Court, indeed, does not appreciate the 3 rd defendant's failure to adhere to the time frame. But, in the interest of justice, I adjourn the matter by one more week, as a last chance for the 3rd defendant to come up with his affidavit as represented on the last occasion. Failing that, the Court will proceed further.

5. Post the matter on 12.07.2021.

                               [DAMA SESHADRI NAIDU, J.]




 Seema                                                                       2/2