Canara Bank vs Sks Power Generation ...
2022 Latest Caselaw 178 Bom

Kanchan P Dhuri                       1     / 2                      7-IAL-24717-2021.odt


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                    INTERIM APPLICATION (L) NO. 24717 OF 2021
                                           IN
                    COMMERCIAL APPEAL (L) NO. 24709 OF 2021
                                           IN
                     SUMMONS FOR JUDGMENT NO. 42 OF 2021
                                           IN
                   COMMERCIAL SUMMARY SUIT NO. 234 OF 2020
   Canara Bank                                      ...   Appellant/Applicant
          Versus
   SKS Power Generation (Chhattisgarh) Ltd.         ...   Respondent
                                          WITH
                    INTERIM APPLICATION (L) NO. 27867 OF 2021
                                           IN
                    COMMERCIAL APPEAL (L) NO. 24709 OF 2021
                                           IN
                     SUMMONS FOR JUDGMENT NO. 42 OF 2021
                                           IN
                   COMMERCIAL SUMMARY SUIT NO. 234 OF 2020
                                          .........
   Dr. Birendra Saraf, Senior Advocate alongwith Mr. Nishit Dhruva and Mr. Prakash
   Shinde, Ms. Niyati Merchant and Mr. Yash Dhruva instructed by MDP Partners for
   the Appellant.
   Mr. Venkatesh Dhond, Senior Advocate alongwith Mr. Rohaan Cama, Ms. Vinodini
   Srinivasan, Ms. Rashna Khan and Ms. Poorva Garg instructed by Mulla & Mulla and
   Craigie Blunt and Caroe for the Respondent.
                                          .........
                     Kanchan P Dhuri                            2   / 2                        7-IAL-24717-2021.odt



                                                           CORAM :       S.J. KATHAWALLA AND
                                                                         MILIND N. JADHAV, JJ.

DATED : JANUARY 5, 2022.

(through video-conferencing)

P.C. :-

The Learned Advocate appearing for the Appellant on instructions undertakes

to deposit the entire amount covered by the bank guarantee/s alongwith interest, with

the Prothonotary and Senior Master of this Court on or before 18 th January, 2022. The

undertaking is accepted. If the said amount is not deposited, the above Appeal shall

stand dismissed without further reference to this Court. If the amount is deposited as

directed by this Court, no coercive action shall be taken against the Bank until further

orders and the above Appeal will be placed for final hearing on 21st January, 2022.

                        ( MILIND N. JADHAV, J. )                               ( S.J. KATHAWALLA, J. )

           Digitally
           signed by
           KANCHAN
KANCHAN    PRASHANT
PRASHANT   DHURI
DHURI      Date:
           2022.01.05
           18:50:32
           +0530