Bombay High Court
Priyanka Communications India Pvt Ltd vs Tata Capital Financial Services ... on 19 January, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
2024:BHC-OS:1125
21-SJ-36-2023-COMMSS-87-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
SUMMONS FOR JUDGMENT NO.36 OF 2023
IN
COMMERCIAL SUMMARY SUIT NO.87 OF 2022
TATA CAPITAL FINANCIAL SERVICES LIMITED )...PLAINTIFF
V/s.
PRIYANKA COMMUNICATIONS (INDIA) PVT. LTD)
AND OTHERS )...DEFENDANTS
WITH
INTERIM APPLICATION (L) NO.6442 OF 2023
IN
SUMMONS FOR JUDGMENT NO.36 OF 2023
WITH
COMMERCIAL SUMMARY SUIT NO.87 OF 2022
WITH
INTERIM APPLICATION (L) NO.8951 OF 2020
IN
COMMERCIAL SUMMARY SUIT NO.87 OF 2022
WITH
INTERIM APPLICATION (L) NO.23604 OF 2023
IN
COMMERCIAL SUMMARY SUIT NO.87 OF 2022
WITH
INTERIM APPLICATION (L) NO.233 OF 2024
IN
COMMERCIAL SUMMARY SUIT NO.87 OF 2022
WITH
LEAVE PETITION NO.10 OF 2021
IN
COMMERCIAL SUMMARY SUIT NO.87 OF 2022
Mr.Rohan Savant a/w. Mr.Sachin Chandarana a/w. Mr.Aagam Mehta
i/by Manilal Kher Ambalal & Co., Advocate for the Plaintiff.
Mr.Atul Damle, Senior Advocate a/w. Mr.Premlal Krishnan,
avk 1/3
::: Uploaded on - 20/01/2024 ::: Downloaded on - 21/01/2024 04:38:46 :::
21-SJ-36-2023-COMMSS-87-2022.doc
Mr.Siddharth Sheshadhri, Mr.Siddharth Pimpale, Advocate for the
Defendant no.1/Respondent No.1 and for the Applicant in IA(L)/23604
of 2023 and IA(L)/233 of 2024.
CORAM : ABHAY AHUJA, J.
DATE : 19th JANUARY 2024
P.C. :
1. On 3rd January 2024, Mr.Savant had tendered across the bar draft
amendments to the plaint, Summons for Judgment, Interim Application
as well as Leave Petition as pursuant to an amalgamation the name of
the Plaintiff had changed to Tata Capital Limited. Learned Counsel
appearing for the Defendants on that date had sought some time to
take instructions in the matter. Today, Mr.Atul Damle, learned Senior
Counsel, appears and submits that his clients, the Defendants, have no
objection if the amendment in terms of the draft amendments tendered
by Mr.Savant are allowed.
2. Accordingly, let the amendment to the plaint, Summons for
Judgment, Interim Application and Leave Petition be carried out in
terms of the draft amendment by 9th February 2024. Let the amended
copies be served upon the other parties by the next date.
3. Mr.Damle, learned Senior Counsel, also draws the attention of
this Court to order dated 8 th November 2023 where, pursuant to the no
objection of the learned Counsel for the Defendants, the Interim
21-SJ-36-2023-COMMSS-87-2022.doc
Application seeking condonation of delay in filing the Summons for
Judgment was allowed, submitting that there is an Interim Application
(L) No.23604 of 2023 raising an objection to the delayed filing of the
Summons for Judgment, be, in the light of the order dated 8 th
November 2023 disposed, however, submitting that the said objection
to the delay in filing of the Summons for Judgment may be allowed to
be raised at the time of hearing of the Summons for Judgment.
Accordingly, Interim Application (L) No.23604 of 2023 stands disposed
as above.
INTERIM APPLICATION (L) NO.233 OF 2024
4. Mr.Savant submits that this Application under Order VII Rule 11
of the Code of Civil Procedure, 1908, has been filed by the Defendants
seeking rejection of the plaint and it may be heard at the time of
hearing of the Summons for Judgment. Mr.Damle, learned Senior
Counsel, has no objection if this Application is heard along with
Summons for Judgment. Mr.Savant seeks two weeks time to file
affidavit in reply to the said Application. Let reply be filed by 9 th
February 2024 with a copy to the other side. Rejoinder, if any, by 23 rd
February 2024 with a copy to the other side. List on 1st March 2024.
(ABHAY AHUJA, J.)
