Union Of India vs Shri Sanjay Vaghji Rathod And Anr
2023 Latest Caselaw 8853 Bom

2023:BHC-OS:9075

                                                            6.32107.22-comap.docx


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

                        COMMERCIAL APPEAL (L) NO.32107 OF 2022
                                         IN
                         SUMMONS FOR JUDGMENT NO.3 OF 2020
                                         IN
                       COMMERCIAL SUMMARY SUIT NO.990 OF 2019
                                        WITH
                       INTERIM APPLICATION (L) NO.32861 OF 2022
                                         IN
                        COMMERCIAL APPEAL (L) NO.32107 OF 2022


            Government of India & Anr.                           ..... Appellants

                     Vs.

            Sanjay Vaghji Rathod & Anr.                          ..... Respondents


            Mr. Yogeshwar S. Bhate with Pavan Patil for the Appellants

            Mr. M. R. Yadav I/b. N. D. Jaywant for Respondent No.1

            Mr. Asutosh Shukla for Respondent No.2


                              CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
                                     ARIF S. DOCTOR, J.

                              DATE          : AUGUST 29, 2023

            P.C.

1. Learned Counsel for the Appellants has very fairly stated

that in view of the law laid down by Division Bench of this Court

in case of Skil-Himachal Infrastrucutre & Tourism Ltd. &

Ors. Vs. IL&FS Financial Services Ltd. 2022 SCC OnLine

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Bom 3152, an appeal from order granting conditional leave to

defend in Summons for Judgment in Commercial Summary Suit

is not maintainable and accordingly this appeal is also not

maintainable. Hence, he may be permitted to withdraw the

same.

2. While praying for withdrawal of the appeal, it has also been

urged by the learned counsel for the Appellants that the

Appellants are ready to comply with the terms of the order dated

11th August 2022 passed by the Learned Single Judge, which is

under appeal before us, however, on account of pendency of this

appeal, the Appellants may be given some time to comply with

the terms of the said order. Learned Counsel representing the

Respondents do not have objection to the said prayer.

3. Accordingly, this appeal is dismissed as withdrawn. We,

however, provide that the benefit of order dated 11 th August

2022 shall be available to the Appellants in case they deposit

sum of Rs. 9,92,23,670.65 (Rupees Nine Crores Ninety Two Lacs

Twenty Three Thousand Six Hundred Seventy and Sixty Five

Paisa only) in this Court within a week from today.

4. It is also provided that if the said amount is deposited

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within a week from today, the rest of the directions given in the

order dated 11th August 2022 passed by the Learned Single

Judge shall remain unchanged and accordingly, the Appellants

shall file their written statement within 30 days from the date of

deposit.

5. We also request the Learned Single Judge to expedite the

proceedings of the suit and conclude the same as early as

possible.

6. The Appeal stands disposed of.

7. Interim Application stands disposed of.

(ARIF S. DOCTOR,J)                           (CHIEF JUSTICE)




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