Chandrakant Sajanlal Choksi vs Ahuja Properties And Developers And 2 ...
2024 Latest Caselaw 1135 Bom

Bombay High Court

Chandrakant Sajanlal Choksi vs Ahuja Properties And Developers And 2 ... on 17 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                 19. SJ 39-21 in COMSS 20-21 @ IAL 18452-21 in SJ 39-21.doc


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

                   SUMMONS FOR JUDGMENT NO. 39 OF 2021
                                  IN
                  COMMERCIAL SUMMARY SUIT NO. 20 OF 2021

 Chandrakant Sajanlal Choksi                                 ...Plaintiff
       V/s.
 Ahuja Properties and Developers and Ors.                    ...Defendants

                                   WITH
                  INTERIM APPLICATION (L) NO. 18452 OF 2021
                                    IN
                   SUMMONS FOR JUDGMENT NO. 39 OF 2021


 Mr. Pravin D. Kadam for Plaintiff.
 None for Defendants.

                               CORAM         :       ABHAY AHUJA, J.

                               DATE          :       17h JANUARY, 2024


 P.C. :

Interim Application (L) No. 18452 of 2021

1. This Interim Application seeks condonation of delay of 20 days

by the Defendants in seeking leave to defend.

2. Mr. Kadam, learned Counsel for the Plaintiff submits that

Defendants No. 2 and 3, who are partners of Defendant No.1, have

been declared as Insolvents and therefore, nothing would survive in

this Interim Application as the Defendants have lost their right to sue.

19. SJ 39-21 in COMSS 20-21 @ IAL 18452-21 in SJ 39-21.doc

3. If it is the case that two Defendants viz. Defendants No. 2 and 3

have been declared Insolvents, then as per Section 17 of the Presidency

Towns Insolvency Act, assets and properties of the Insolvents, wherever

situate, shall be vest with the learned Official Assignee. The Interim

Application, it appears, has been filed prior to the Defendants being

declared as Insolvents, seeking condonation of delay to file leave to

defend.

4. Let the learned Counsel for the Plaintiff examine the legal

position and address the Court on the next date. List on 24th January,

2024.

(ABHAY AHUJA, J.)