Mukund Sapre vs Infrastructurre Leasing And Financial ...
2024 Latest Caselaw 291 Bom

Bombay High Court

Mukund Sapre vs Infrastructurre Leasing And Financial ... on 5 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                  45-SS-5-2022.doc


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


                               SUMMARY SUIT NO.5 OF 2022

 MUKUND SAPRE                                             )...PLAINTIFF

          V/s.
 INFRASTRUCTURE LEASING AND FINANCIAL )
 SERVICES LIMITED (IL AND FS) AND ANR     )...DEFENDANTS
                              WITH
            SUMMONS FOR JUDGMENT NO.46 OF 2022
                               IN
                  SUMMARY SUIT NO.5 OF 2022

 Dr. Pawan K. Pandey a/w Mr. Amit Dubey i/b Clayderman & Co.,
 Advocates for the Plaintiff.
 Ms.Drishti Das i/b Cyril Amarchand Mangaldas, Advocate for the
 Defendants No.1 and 2.

                                  CORAM     :    ABHAY AHUJA, J.

                                  DATE      :    5th JANUARY 2024

 P.C. :

1. Mr.Pandey, learned Counsel, appears for the Plaintiff and submits

that both the Defendant Companies are subject matter of a moratorium

and therefore the matter be adjourned.

2. Ms.Das, learned Counsel, appears for both the Defendant

Companies and submits that infact this Suit is not maintainable in view

45-SS-5-2022.doc

of the moratorium being prior to the date of filing of the Suit. Learned

Counsel submits that they have already filed a reply to the Plaintiff's

Application and made submissions thereon and therefore the same be

heard. Learned Counsel also submits that there is a rejoinder filed in

the matter and therefore the Summons for Judgment be heard.

3. Mr.Pandey for the Plaintiff seeks some accommodation to

prepare in the matter. Accordingly, list on 15th February 2024.

(ABHAY AHUJA, J.)