Ramesh Vangal vs Barclays Bank Plc
2022 Latest Caselaw 8787 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

SHEPHALI
SANJAY
MORMARE             Ramesh Vangal                                                         ...Appellant
Digitally signed
by SHEPHALI
                          Versus
SANJAY
MORMARE
Date: 2022.09.06
                    Barclyas Bank PLC                                                  ...Respondent
10:36:51 +0530




                    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