Tata Capital Financial Services ... vs Priyanka Communications (India) ...
2023 Latest Caselaw 12063 Bom

Bombay High Court

Tata Capital Financial Services ... vs Priyanka Communications (India) ... on 4 December, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

 1   24 sjl 36964-22 in comss 87-22 with ial 6442-23 in sl 36964-22 with ial 8951-00 in comss
 87-22-os.doc
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           ORDINARY ORIGINAL CIVIL JURISDICTION

                       SUMMONS FOR JUDGMENT (L) NO.36964 OF 2022
                                            IN
                         COMMERCIAL SUMMARY SUIT NO.87 OF 2022
                                           WITH
                          INTERIM APPLICATION (L) NO.6442 OF 2023
                                            IN
                       SUMMONS FOR JUDGMENT (L) NO.36964 OF 2022
                                           AND
                          INTERIM APPLICATION (L) NO.8951 OF 2020
                                            IN
                         COMMERCIAL SUMMARY SUIT NO.87 OF 2022

 TATA Capital Financial Services Limited                ... Plaintiff
        Vs.
 Priyanka Communications (India)
 Private Limited and ors.                               ... Defendants

                                             -------

 Mr. Rohan Savant with Mr. Aagam Mehta, Mr. Archit Shah i/by M/s Manilal
 Kher Ambalal and Company, Advocates for the Plaintiff.
 Mr. Atul Damle, Senior Advocate with Mr. Premlal Krishnan, Mr. Rehmat
 Lokhandwala and Mr. Nadeem Shama i/by M/s Pan India Legal Services LLP,
 Advocates for the Defendants.

                                            -------
                            CORAM :     ABHAY AHUJA, J.

                            DATE :      04 DECEMBER, 2023.


 P.C. :

1. When the matter is called out, Mr.Damle, learned senior counsel points

out that there is an Interim Application which seeks to have the matter placed

before the Chamber Judge pursuant to Rule 227 of the High Court Original

Sides Rules, 1980 as the Summons for Judgment was not taken out within a

Priya R. Soparkar 1 of 2

2 24 sjl 36964-22 in comss 87-22 with ial 6442-23 in sl 36964-22 with ial 8951-00 in comss 87-22-os.doc period of 6 months.

2. Mr. Savant, learned counsel for the Plaintiff points out that on 8 th

November, 2023, this Court had pursuant to no objection granted on behalf of

the Defendants seeking condonation of delay in filing Summons for Judgment

allowed the Interim Application and therefore, the said Interim Application for

setting down the matter before the Learned Judge in Chambers would be

infructuous.

3. Mr. Damle, learned senior counsel seeks some time to take instructions

on the same.

4. List on 12th December, 2023, for hearing of the Summons for Judgment.

                                                        (ABHAY AHUJA, J.)




   Priya R. Soparkar                                                                        2 of 2