Bombay High Court
Il And Fs Financial Services Ltd vs Pallav Trading Pvt. Ltd. And 8 Ors on 4 January, 2023
Bench: R. I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2023.01.06
18:29:34 +0530
22-comss-598-2019.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL SIDE JURISDICTION
IN ITS COMMERCIAL DIVISION
COMS SUMMARY SUIT NO.598 OF 2019
WITH
SUMMONS FOR JUDGMENT NO.77 OF 2019
IL & FS Financial Services Ltd. ...Plaintiffs
Versus
Pallav Trading Private Ltd. & Ors. ...Defendants
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Purvi Joshi with Gaurav Suryavanshi i/b. DSK Legal for the Plaintiffs.
Amrut Joshi with Leona Furtado i/b. Pan India Legal Services LLP for
Defendant Nos.2 and 9.
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CORAM : R.I. CHAGLA J.
DATE : 4TH JANUARY, 2023.
ORDER :
1. The learned Counsel appearing for the Plaintiff has
referred to order dated 22nd June, 2022 passed by this Court in
Summons for Judgment No.77 of 2019 filed in the Commercial
Summary Suit. By said order the Defendant Nos.2 and 9 were subject
to deposit a sum of Rs.277,50,00,000/- within a period of twelve
weeks from the date of the said order. Conditional upon
22-comss-598-2019.doc
deposit, leave was granted to defend the Suit. In the event the said
sum was deposited, the Written Statement was permitted to be filed
within a period of two weeks thereafter. In the event the said sum
was not deposited, it was kept open for the Plaintiff to seek
appropriate directions in the matter subject to payment of deficit
stamp duty comprising the documents being Exhibits A to I of the
Plaint. The Prothonotary and Senior Master of this Court was
directed to send the documents to Collector of Stamps for
appropriate orders of adjudication and upon such adjudication duty
was to be paid within a period of four weeks from the date of such
adjudication.
2. This Court is apprised of this fact that the said sum has
not been deposited by the Defendant Nos.2 and 9.
3. The learned Counsel appearing for the Plaintiffs has
informed this Court that the documents being Exhibit A to J are still
be adjudicated for the purpose of deficit stamp duty as directed by
this Court in the said Order.
4. She has informed this Court that Defendant Nos.3 and 7
have been served and Affidavit of Service dated 10th January, 2020
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has been filed. However, upon perusing the Court record it is noted
that Affidavit of Service has not been accepted on account of it being
defective. In so far as the other Defendants are concerned i.e.
Defendant Nos.1, 4, 5, 6 and 8, the service has not been effected and
accordingly the learned Counsel appearing for the Plaintiff has
sought for permission for substituted service.
5. The learned Counsel appearing for the Defendant Nos.2
and 9 has sought time in order to take out appropriate application for
permission to deposit the said sum which till has date not been
deposited. He has submitted that an attempt will be made to
amicably settle the matter with the Plaintiff.
6. It is noted that, the Defendant Nos.2 and 9 have not
complied with the said order dated 22nd June, 2022. By the said
order which it was provided that if the said sum was not deposited by
the Defendant Nos.2 and 9 within a period of twelve weeks from the
date of the said order. It would be open for the Plaintiffs to seek
appropriate orders in the matter. This would be subject to payment of
deficit stamp duty comprising the documents being Exhibits A to I of
the Plaint, for which process is ongoing. Thus, it would be
appropriate to stand over the matter.
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7. Prior to the next date, the Plaintiffs are granted
opportunity to serve the Defendants who till date have not been
served by way of substituted service, paper publication through
widely circulated newspapers, one in Free Press Journal (in English
language) and the other in Maharashtra Times (in Marathi language)
within a period of three weeks from the date of this Order.
8. The Defendant Nos.2 and 9 shall be at liberty to take out
appropriate application, if instructed, and which shall be filed prior
to the next date.
9. The Commercial Summary Suit shall be placed on 8th
February, 2023.
[R.I. CHAGLA J.]
