Bank Of India vs Special Situation Advisors ...
2023 Latest Caselaw 634 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        Digitally
        signed by
        PURTI           ORDINARY ORIGINAL CIVIL JURISDICTION
 PURTI PRASAD
 PRASAD PARAB
 PARAB Date:
        2023.01.18
        14:58:53
        +0530
                       INTERIM APPLICATION (L) NO. 1344 OF 2023
                                         IN
                       COMMERCIAL APPEAL (L) NO. 1334 OF 2023

Bank of India                                           ....Applicant/Appellant
       V/s.
Special Situation Advisors (India)
Pvt. Ltd.                                               ...Respondent

                                   ----
Mr. Zal Andhyarujina, Senior Advocate a/w Ms. Sarena Jethmalani,
Mr.Ankur Kumar and Ms. Bindu Bhatia for Appellant.
Dr. Birendra Saraf, Senior Advocate a/w Mr. Aseem Naphade, Mr. Nitesh
Agarwal, Mr. Akash Menon and Ms. Sanjana Pandey i/b Mr. Akash Menon
for Respondent.
                                   ----

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

DATED : 17th 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. 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. Here also conditional leave to defend for Summons for

Judgment in Commercial Suit has been granted. Therefore, this appeal will

not be maintainable.

1 2022 SCC OnLine Bom 3152
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2.            Appeal dismissed.

3. We clarify that we have not gone into the merits of the matter

and appellant is at liberty to take such steps as adviced in accordance with

law.

4. Consequently, Interim Application also stands dismissed.

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

Purti Parab