Anupama Agarwal And 4 Ors vs Il And Fs Financial Services ...
2023 Latest Caselaw 301 Bom

                                                1/2                    31-COMAP-55-2021.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
     PURTI
     PRASAD                  COMMERCIAL APPEAL NO. 55 OF 2021
     PARAB
   Digitally signed by
   PURTI PRASAD
                                            IN
   PARAB
   Date: 2023.01.13        SUMMONS FOR JUDGMENT NO. 21 OF 2019
   14:38:57 +0530
                                        ALONGWITH
                          INTERIM APPLICATION (L) NO. 23727 OF 2021
                                            IN
                             COMMERCIAL APPEAL NO. 55 OF 2021

Anupama Agarwal and Ors.                                    ....Appellants
      V/s.
IL and FS Financial Services Limited                        ...Respondents

                                     ----
Mr. Amrut Joshi a/w Ms. Leona Furtado and Mr. Abhishek Thole for
Appellants.
Dr. Birendra Saraf, Senior Advocate a/w Ms. Ankita Agrawal and Mr. Gaurav
Suryavanshi i/b DSK Legal for Respondent.
                                     ----

                                            CORAM : K.R. SHRIRAM &
                                                    RAJESH S. PATIL, JJ.

DATED : 9th JANUARY 2023

P.C. :

1. This is an appeal impugning conditional leave to defend being

granted to appellant who are defendant in the summary proceedings.

Mr.Joshi in fairness as an officer of the court states that this court in Skill

Himachal Infrastructure & Tourism Ltd. And Ors. Vs. IL & FS Financial

Services Ltd.1 has held that an appeal from an order granting conditional

leave to defend in a Summons for Judgment in a Commercial Summary Suit

is not maintainable in view of Section 13 of the Commercial Courts Act.

Mr.Joshi in fairness also states that here also conditional leave to defend for

1 2022 SCC OnLine Bom 3152 Purti Parab 2/2 31-COMAP-55-2021.doc

Summons for Judgment in Commercial Suit has been granted. Therefore,

this appeal will not be maintainable.

2. Appeal dismissed.

3. We clarify that appellant is at liberty to take such steps as

required in accordance with rules.

4. Dr. Saraf for respondent states that in any event appeal will not

be maintainable since in the order dated 20 th August 2020, copy whereof is

at Exhibit "B" to the appeal memo, appellants had agreed to deposit the

amount which has been directed to be deposited vide impugned order.

5. Consequently, Interim Application also stands dismissed.

(RAJESH S. PATIL, J.)                                     (K.R. SHRIRAM, J.)




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