Bombay High Court
Bonton Holidays Pvt. Ltd vs European Gateway Sarl on 5 December, 2022
Bench: K.R. Sriram, Kamal Khata
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PURTI
PRASAD
PARAB
Digitally signed by
COMMERCIAL APPEAL NO. 492 OF 2019
PURTI PRASAD
PARAB IN
Date: 2022.12.06
10:46:48 +0530
SUMMONS FOR JUDGMENT NO. 67 OF 2018
ALONGWITH
INTERIM APPLICATION NO. 1026 OF 2022
IN
COMMERCIAL APPEAL NO. 492 OF 2019
Bonton Holidays Pvt. Ltd. ....Appellant
V/s.
European Gateway Sarl ...Respondent
----
Mr. Sunil Kumar a/w Mr. Rohit Upadhyay i/b M/s. Kumar & Associates for
Appellant.
Mr. Karl Tamboly a/w Ms. Shruti Maniar and Mr. Advait Shukla i/b M/s.
Solomon & Co. for Respondent.
----
CORAM : K.R. SHRIRAM &
KAMAL KHATA, JJ.
DATED : 5th DECEMBER 2022
P.C. :
1. On 29th November 2022 following order was passed :
1 Dr. Saraf, at the outset, raises a preliminary objection to
even entertaining the appeal on the ground that appellant's
Directors have filed false affidavits in the execution
proceedings and the court even directed the Directors to
remain present but on one ground or the other they did not
remain present. After July 2022, the matter has not reached
before the Learned Single Judge.
2 We have considered a copy of the affidavit of one Jalpa
Dalal, affirmed on 8th March 2020 in which, there is an
averment that there are no immovable properties in the name
of judgment debtors. Dr. Saraf has placed on record a
compilation in which, there is a copy of board resolution
dated 1st June 2020 in which, a Director of the Judgment
Debtor company has been authorised to deposit the title
deeds of immovable property / fixed assets belonging to the
company, i.e., appellant herein against facility to be given by
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a financial institution. Dr. Saraf states, therefore, appellant
having made false statement to their knowledge to this court,
the court should not entertain the appeal.
3 Dr. Chandrachud requested the matter be stood over so
that he can take instructions on the statement made and
documents tendered by Dr.Saraf.
4 Therefore, stand over to 5th December 2022.
2. Today Mr. Sunil Kumar for appellant states that three Directors
of appellant namely Respondent Nos. 2, 3 and 4 in the Execution
proceedings namely Purvi Piyush Parekh, Piyush Vinodrai Parkeh and Viren
Narottamdas Adesara shall remain present in the court on the next date.
Three Directors are directed to remain present in the court on 19 th
December 2022. Statement accepted as an undertaking and it is made clear
that if anyone of them do not remain present, the appeal will be summarily
dismissed.
3. As regards the properties mentioned in the resolution namely
(i) Factory land & building at Plot No.1 and 2, RS No.156 and 157 Village
Makhavad, Lodhika, Rajkot and (ii) Factory land & building at Plot 23, RS
No.168 paikee, Kothariya, Rajkot (said property), Mr. Sunil Kumar states
that these properties do not belong to appellant and they got referred by
mistake. Mr.Sunil Kumar relies on a letter dated 14 th June 2022 addressed
by the Relationship Manager of The Federal Bank Limited, Rajkot Branch
informing appellant that the said properties do not even belong to the
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company. We hereby direct The Federal Bank Limited to revert within four
days of receiving copy of this order giving details of the assets,
mortgaged/hypothecated with The Federal Bank Limited by appellant. The
Federal Bank Limited shall also confirm if the letter dated 14 th June 2022
was issued by them. The Federal Bank Limited shall issue the letter signed
by the Chief Manager of the Branch and the same shall be addressed to the
Prothonotary and Senior Master of this court. The court may direct an
affidavit to be filed it if is not satisfied with the letter. The Federal Bank
Limited will respond promptly since the matter is directed to be listed for
hearing on 19th December 2022. Mr. Tamboly states that copy of this order
will be served within two days of this order getting uploaded.
4. Appellant is also directed to file alongwith affidavit of
Respondent No.2, who we are told is the whole time Director/Managing
Director, copies of balance sheet for F.Y. 2018-19, 2019-20, 2020-21 and
2021-022 together with a schedule of Assets fixed and movables, and bank
accounts that would be referred to in the balance sheet. The balance sheet
annexed shall be certified as true copy by the Chartered Accountant who has
audited the accounts. This affidavit to be filed and copy served by 15 th
December 2022.
5. Stand over to 19th December 2022.
(KAMAL KHATA, J.) (K.R. SHRIRAM, J.)
Purti Parab
