Ramesh Vangal vs Barclays Bank Plc
2022 Latest Caselaw 8786 Bom

                                                    16-COMAPL-18154-2022+.DOC




 Shephali



     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             ORDINARY ORIGINAL CIVIL JURISDICTION
             IN ITS COMMERCIAL APPELLATE DIVISION
             COMMERCIAL APPEAL (L) NO. 18154 OF 2022
                                         IN
             SUMMONS FOR JUDGMENT NO. 37 OF 2018
                                         IN
            COMMERCIAL SUMMARY SUIT NO. 261 OF 2018
                                      WITH
              INTERIM APPLICATION NO. 3819 OF 2022
                                        AND
            INTERIM APPLICATION (L) NO. 18166 OF 2022


 Ramesh Vangal                                                         ...Appellant
       Versus
 Barclyas Bank PLC                                                  ...Respondent


 Mr Navroz Seervai, Senior Advocate, with karl Tamboly, Ish Jain,
      Dipen Furia, Rony Joihn & Harsh Kesharia, for the Appellant.
 Mr Sameer Pandit, with Krina Gandhi, i/b Wadia Ghandy & Co, for
      the Respondent.


                               CORAM      G.S. Patel &
                                          Gauri Godse, JJ.

                               DATED:     5th September 2022
 PC:-





                                  5th September 2022



                                                  16-COMAPL-18154-2022+.DOC

1. The impugned order is of 22nd October 2018. The learned Single Judge made the Respondent's Summons for Judgment in its Commercial Summary Suit absolute with costs. The decree included interest on Rs. 7 crores at 18% per annum until payment or realisation. The decree was modified by an order of speaking to the minutes dated 7th December 2018. The Appeal was filed on 8th June 2022 or thereabouts.

2. There is an Interim Application No. 3819 of 2022 to condone a delay of 1254 days in filing the Appeal. There is also a separate Interim Application (L) No. 18166 of 2022 for stay.

3. The Respondent opposes both applications.

4. An Affidavit in Reply to the delay condonation IA is to be filed and served by 12th September 2022. We are not permitting a Rejoinder at this stage. On the next date, we will consider whether a Rejoinder is required.

5. For the present, list the matter high on board on 15th September 2022.

 (Gauri Godse, J)                                             (G. S. Patel, J)





                               5th September 2022