Lan Finance Pvt. Ltd vs Karvy Data Management Services ...
2023 Latest Caselaw 9979 Bom

                                                       7-COMSS-85-2022.doc


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

              COMMERCIAL SUMMARY SUIT NO.85 OF 2022
                               WITH
            SUMMONS FOR JUDGMENT (L) NO.21667 OF 2023
                                IN
              COMMERCIAL SUMMARY SUIT NO.85 OF 2022
                               WITH
              INTERIM APPLICATION (L) NO.30420 OF 2021
                                IN
              COMMERCIAL SUMMARY SUIT NO.85 OF 2022
LAN FINANCE PVT. LTD.                              )...PLAINTIFF
         V/s.
KARVY DATA MANAGEMENT SERVICES LTD.                )...DEFENDANT

Mr.Dharmesh Singh a/w. Mr.Ajay Chauhan i/by M/s.RKCA Law
Associates LLP, Advocate for the Plaintiff.
Mr.Kersi Dastoor, Advocate for the Defendant.

                           CORAM       :      ABHAY AHUJA, J.

                           DATE        :      27th SEPTEMBER 2023

P.C. :

1. On 14th September 2023, the following order was passed :

" When the matter is called out, Mr. Dastoor, learned counsel appears for the defendant and submits that he needs some time to take out interim application for condonation of delay and for seeking leave to defend.

2. Mr.Singh, learned counsel for the plaintiff would submit that since the time limit has already expired, the matter be placed for ex-parte decree.

3. Be that as it may, list this matter under the caption for 'directions' on 27th September, 2023.

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                                                                                           7-COMSS-85-2022.doc

4. It is made clear that if no Application is filed by then, this Court will proceed to hear the plaintiff and pass ex-parte order."

2. Today, when the matter is called out, Mr.Kersi Dastoor, learned

Counsel for the Defendant, would submit that on 15 th September 2023,

an order came to be passed by the National Company Law Tribunal

(NCLT) appointing Interim Resolution Professional in respect of the

Defendant and as per 16(B) of the said order, in view of the

moratorium declared under Section 14 of the Insolvency & Bankruptcy

Code, 2016, even continuation of pending suits has been prohibited.

Learned Counsel also informs this Court that on 20 th September 2023,

Resolution Professional also has been appointed in the matter. Learned

Counsel also submits that against the order dated 15th September 2023,

an Appeal has been preferred by one of the Directors of the Defendant,

which would come up on 13th October 2023.

3. The order of the NCLT are taken on record.

4. In this view of the matter, today, the learned Counsel for the

Defendant submits that the matter be adjourned beyond 13 th October

2023. Mr.Dharmesh Singh, learned Counsel for the Plaintiff, has no

objection.

5. Accordingly, list on 1st November 2023.

                                                                               (ABHAY AHUJA, J.)

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Signed by: Mrs.Arti V. Khatate
Designation: PS To Honourable Judge
Date: 27/09/2023 19:25:53