Tata Capital Financial Services ... vs Priyanka Communications (India) ...
2022 Latest Caselaw 12127 Bom

                                                         13-IA-8951-20+.DOC

                                                                     Sayali Upasani



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


        INTERIM APPLICATION (L) NO.-8951 of 2020
                          IN
          COMM SUMMARY SUIT NO.-87 OF 2022

TATA Capital Financial Services Ltd.                          ...Applicant
In the matter between
TATA Capital Financial Services Ltd.                             ...Plaintiff
                     Vs.
Priyanka Communications (I) Pvt. Ltd. & Ors                ...Defendants

Mr. Rohan Savant a/w Mr. Sachin C. and Mr. A. Shah i/b M/s
     Manilal Kher Ambalal & Co., for Plaintiff.
Mr. Amrut Joshi a/w Adv Premlal Krishnan and Adv Leona
     Furtado i/b Pan India Legal Services, for Defendant
     Nos. 1 to 3.

                              CORAM:      N. J. JAMADAR, J.

                              DATED :     24th NOVEMBER, 2022

PC:-

1. Heard the learned Counsel for the parties.

2. The learned Counsel for the plaintiff submits that the writ

of summons has not been served on the defendants.

3. Mr. Joshi, the learned Counsel for defendant Nos. 1 to 3

submits that the defendant Nos. 1 to 3 waive the writ of

summons.

4. The learned Counsel for the defendant Nos. 1 to 3,

however, points out that the plaintiff has not taken out the

13-IA-8951-20+.DOC

Summons for Judgment and in view of Rule 227 of the Bombay

High Court, Original Side, 1980, the suit will be required to

place on board for dismissal.

5. Mr. Joshi the learned Counsel for the plaintiff submits that

plaintiff is in the process of taking out the Summons for

Judgment.

6. List the suit on 20th December, 2022.

[N. J. JAMADAR, J.]