Bonton Holidays Pvt. Ltd vs European Gateway Sarl
2022 Latest Caselaw 12357 Bom

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         MEERA                                   1/2                        19-comap-492-19.doc
MEERA    MAHESH
MAHESH   JADHAV
         Date:
JADHAV   2022.11.30
         16:13:54
         +0530
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                   IN ITS COMMERCIAL DIVISION
                                COMMERCIAL APPEAL NO. 492 OF 2019
                                               IN
                              SUMMONS FOR JUDGMENT NO.67 OF 2018
                                              WITH
                               INTERIM APPLICATION NO.1026 OF 2022
                                               IN
                                COMMERCIAL APPEAL NO.492 OF 2019

            Bonton Holidays Pvt Ltd.                    ....Appellant
                 V/s.
            European Gateway Sarl                       ...Respondent

                                                ----

Dr. Abhinav Chandrachud a/w Mr. Pranit Kulkarni and Mr. Rohit Upadhyay i/b Kumar and Associates for Appellant.

Dr. Birendra Saraf, Senior Advocate a/w Ms Shruti Maniar & Mr. Advait Shukla i/b Solomon & Co. for Respondent.

----

CORAM : K.R. SHRIRAM & KAMAL KHATA JJ DATED : 29th NOVEMBER 2022

P.C. :

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

Meera Jadhav 2/2 19-comap-492-19.doc

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 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.

(KAMAL KHATA, J.)                                   (K.R. SHRIRAM, J.)




Meera Jadhav