Bonton Holidays Pvt. Ltd vs European Gateway Sarl
2023 Latest Caselaw 804 Bom

          Digitally
          signed by
          GAURI AMIT
GAURI     GAEKWAD
AMIT      Date:
                                                1/2                  32-COMAP-492-2019.doc
GAEKWAD   2023.01.25
          10:41:30
          +0530              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                      IN ITS COMMERCIAL DIVISION
                                 COMMERCIAL APPEAL NO.492 OF 2019
                                                IN
                               SUMMONS FOR JUDGMENT NO.67 OF 2018
                                               WITH
                                INTERIM APPLICATION NO.1026 OF 2022
                                                IN
                                 COMMERCIAL APPEAL NO.492 OF 2019

             Bonton Holidays Pvt. Ltd.                .....Appellant
                      Vs.
             European Gateway SARL                .....Respondent
                                                 ----
             Mr. Rahul Narichania, Senior Advocate a/w. Mr. Ankur Shah, Mr. Vikhil
             Dhoka and Ms. Sushma Soni i/b. GM Legal for appellant.
             Mr. Karl Tamboly a/w. Ms. Shruti Maniar and Mr. Advait Shukla i/b.
             M/s. Solomon and Co. for respondent.
             Mr. V.N. Ajekumar for Federal Bank Limited.
                                                 ----
                                                  CORAM : K. R. SHRIRAM &
                                                           RAJESH S. PATIL, JJ.

DATED : 23rd JANUARY 2023

P.C. :

1 Further to our order dated 19th December 2022, one Naresh

Maghani, Associate Vice President and Relationship Manager of Federal

Bank Limited, has filed an affidavit affirmed on 3 rd January 2023 in which

the said Naresh Maghani has stated that appellant has not provided any

immovable properties owned by them as security for the credit facilities and

the mortgaged properties secured with bank are owned by individual

parties. In the affidavit, it is also stated that as per the records available

Gauri Gaekwad 2/2 32-COMAP-492-2019.doc

with bank, the factory land and building at Plot No.1 and 2, RS No.156 and

157 Village Makhavad, Lodhika, Rajkot and factory land and building at

Plot No.23, RS No.168 paikee, Kothariya, Rajkot (said properties), is in no

way connected with the loan account and it might be a typographical error

that has crept in the board of resolution of the company. It is also stated

that this error has been rectified in the revised board resolution dated

4th December 2021 and copy of the extract of the revised board resolution

dated 4th December 2021 is also annexed to the affidavit.

2 Mr. Tamboly states that respondent no.4 - Viren Adesara should

explain then how did the resolution describing the said properties to be

appellant's properties came to be passed.

3 Mr. Narichania states that a short affidavit to that effect will be

filed and copy served by 1st February 2023.

4               Stand over to 6th February 2023.

5               Federal Bank Limited need not remain present anymore.




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




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