Idbi Trusteeship Services ... vs Jagdish Bhagwandas Ahuja And Anr
2023 Latest Caselaw 10759 Bom

                                                                    37-COMSS-90-2022.doc


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

                COMMERCIAL SUMMARY SUIT NO.90 OF 2022

IDBI TRUSTEESHIP SERVICES LIMITED                                       )...PLAINTIFF

         V/s.

JAGDISH BHAGWANDAS AHUJA AND ANR                                      )...DEFENDANTS

Mr.Ryan D'Souza a/w. Mr.Parag Kabadi, Mr.Anuj Savla i/by DSK Legal,
Advocate for the Plaintiff.
None for the Defendants.

                                CORAM           :       ABHAY AHUJA, J.

                                DATE            :       17th OCTOBER 2023

P.C. :

1. Pursuant to order dated 3rd October 2023, Mr.Ryan D'Souza,

learned Counsel for the Plaintiff, appears and seeks to tender a decision

of this Court in the case of India Realty Excellence Fund LLP vs.

Gautam Jagdish Ahuja and Anr.1 where a similar issue had arisen as to

whether a suit can proceed when the Defendant is an adjudicated

insolvent. Learned Counsel draws the attention of this Court to

paragraph 22 of the said decision and submits that since the facts are

identical and the present suit pertains to a monetary claim, this Court

1 Summons for Judgment No.4 of 2021 in COMSS No.317 of 2020 decided on 29.08.2023.

avk                                                                              1/2
                                                                                      37-COMSS-90-2022.doc

may follow the decision in the case of India Realty Excellence Fund LLP

vs. Gautam Jagdish Ahuja and Anr. (supra).

2. For the learned Counsel for the Plaintiff to furnish the Division

Bench decision of this Court as well as the Madras High Court decision,

referred to in the above decision, list on 1st November 2023.

                                                                     (ABHAY AHUJA, J.)




                               avk                                                              2/2
Signed by: Mrs.Arti V. Khatate
Designation: PS To Honourable Judge
Date: 18/10/2023 17:29:24