Tata Capital Financial Services ... vs Priyanka Communications (India) ...
2023 Latest Caselaw 11544 Bom

                               11. IAL 8951-20 in COMSS 87-22 @ SJL 36964-22 @ IAL 6442-23.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION

               INTERIM APPLICATION (L) NO. 8951 OF 2020
                                 IN
             COMMERCIAL SUMMARY SUIT (L) NO. 3521 OF 2020

 Tata Capital Financial Services Limited ... Applicant/Plaintiff
        V/s.
 Priyanka Communications (India)
 Pvt. Ltd. And Ors.                      ... Defendants
                                   WITH
           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

 Mr. Rohan Savant with Mr. Sachin Chandrakana andMr. Aagam Mehta
 i/b Manilal Kher Abalal & Co. for the Applicant/Plaintiff.
 Mr. Aseem Nafade with Mr Leona Furtsdo i/b Pan India Legal Services
 LLP. For Respondents.

                                  CORAM            :       ABHAY AHUJA, J.

                                  DATE             :       8th NOVEMBER 2023
 P.C. :

1. When the matter is called out, Mr. Savant, learned Counsel for

the Plaintiff submits that there are two interim applications :- (1) IAL

8951 of 2020, which is for protective relief in the suit and (2) IAL 6442

of 2023, which is seeking condonation of delay in taking out the

summons for judgment. Learned Counsel submits that the summons for

Nikita Gadgil 1/2

11. IAL 8951-20 in COMSS 87-22 @ SJL 36964-22 @ IAL 6442-23.odt

judgment has already been taken out. Reply has been filed to the same

and submits that rejoinder to the summons for judgment is ready to be

filed.

2. Mr. Nafade, learned Counsel for the Defendants would submit

that he has no objection, if the interim application seeking condonation

of delay in filing the summons for judgment is allowed and the

rejoinder in the summons for judgment is taken on record.

3. Having heard the learned Counsel and having considered the

submissions, Interim Application (L) No. 6442 of 2023 is allowed in

terms of prayer clause 7(a). The delay in filing the summons for

judgment is hereby condoned. Let the summons for judgment be

numbered. The said Interim Application (L) No. 6442 of 2023

accordingly stands disposed.

4. Let the rejoinder to the summons for judgment be filed on behalf

of the Plaintiff be taken on record.

5. List on 4th December, 2023 for hearing of the summons for

judgment.

                                                   (ABHAY AHUJA, J.)

 Nikita Gadgil                                                                        2/2