Bombay High Court
Lan Finance Pvt. Ltd vs Karvy Stock Broking Limited on 3 January, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
36. COMSS 86-22 @ SJ 34-23 @ IAL 30362-21 in COMSS.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUMMARY SUIT NO. 86 OF 2022
WITH
SUMMONS FOR JUDGMENT NO. 34 OF 2023
AND
INTERIM APPLICATION (L) NO. 30362 OF 2021
IN
COMMERCIAL SUMMARY SUIT NO. 86 OF 2022
Lan Finance Pvt. Ltd. ...Plaintiff
V/s.
Karvy Stock Broking Ltd. ...Defendant
Mr. Ajay Chauhan with Mr. Dharmesh Singh i/b M/s RKCA Law
Associates LLP, Advocate for the Plaintiff.
None for Defendant.
CORAM : ABHAY AHUJA, J.
DATE : 3RD JANUARY, 2024
P.C. :
1. This summary suit has been filed by the Plaintiff for recovery of a
principal amount of Rs. 6,50,00,000/- and total aggregate interest
thereon of Rs. 2,49,90,659/- till 31st August, 2021 and the payment of
interest amount of Rs. 6,90,027/- on the principal sums of Rs.
2,80,00,000/- due and payable since 1st November, 2019, having
accrued to Rs. 9,01,582/- along with interest computed on the sum of
Rs. 6,90,027/- at the rate of 14% per annum payable from 1 st
November, 2019 till 31st August, 2021 in accordance with the
particulars of the Claim being Schedule A at page 35 of the Plaint.
36. COMSS 86-22 @ SJ 34-23 @ IAL 30362-21 in COMSS.doc
2. It is not in dispute that the Defendant has entered appearance
within a period stipulated under Order 37 Rule 3 of the Code of Civil
procedure, 1908 ("the CPC"), after which the summons for judgment
has been taken out by the Plaintiff.
3. On 10th August, 2023, learned Counsel for the Defendant sought
time to file affidavit in reply to the summons for judgment and the
matter was posted to 14 th September, 2023. On 14 th September, 2023,
when the matter was called out, learned Counsel for the Defendant
sought some time to take out an interim application for condonation of
delay and for seeking leave to defend and the matter was posted to 27 th
September, 2023, clarifying that if no application is filed by then, this
Court would proceed to hear the Plaintiff and pass ex-parte order.
4. On 27th September, 2023, when the matter was called out,
Advocate for the Defendant appeared and sought one last chance to file
reply and some more time to take out interim application for
condonation of delay and for seeking leave to Defend and the matter
was accordingly posted on 1st November, 2023, as and by way of last
chance. Again on 1st November, 2023, when the matter was called out,
none appeared for the Defendant and following order was passed:-
36. COMSS 86-22 @ SJ 34-23 @ IAL 30362-21 in COMSS.doc
" 1. On 27th September, 2023, the following order was
passed:-
"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 27 th September, 2023.
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, again, Mr.Kersi Dastoor, learned Counsel for the
Defendant, appears and seeks one last chance to file reply
and some more time to take out Interim Application for
condonation of delay and for seeking leave to defend.
3. As and by way of last chance, list on 1 st November 2023.
4. Let the Application for condonation of delay and for
seeking leave to defend be taken out by then with a copy to
the other side. "
2. Today Mr. Singh, appears for the Plaintiff and submits
that the time had been sought on behalf of the Defendant
but no application for condonation of delay for leave to
defend has been taken out.
3. Accordingly, list on 13th December, 2023.
4. It is made clear that if none appears for the
Defendant on the next date, this Court will proceed to pass
appropriate orders."
5. It was clearly recorded that if none appears for the Defendant on
the next date, this Court would proceed to pass the appropriate orders.
On the next date viz. 13th December, 2023, the matter was adjourned as
the balance daily board could not be taken up on account of paucity of
36. COMSS 86-22 @ SJ 34-23 @ IAL 30362-21 in COMSS.doc
time and the matter was posted today. Today when the matter is called
out, again none appears for the Defendant. Mr. Chauhan, learned
Counsel for the Plaintiff, therefore, urges this Court to pass the
judgment in terms of the summons for judgment in accordance with
Order 37 Rule 3(6) of the CPC.
6. Order 37 Rule 3(6)(a) of the CPC provides that at the hearing of
such summons of judgment if the Defendant has not applied for leave
to defend, or if such application has been made and is refused, the
Plaintiff shall be entitled to judgment forthwith. It is clear from the
aforesaid that the Defendant has not made any application for leave to
defend and in my view, in accordance with the Order 37 Rule 3 (6) (a)
the Plaintiff is entitled to judgment forthwith in the suit against
Defendant for Rs. 9,06,02,268/- as prayed for in the Plaint and for
interest and cost.
7. Ergo the summons for judgment is made absolute and the suit is
decreed as prayed for. The pending interim application accordingly to
stand disposed.
(ABHAY AHUJA, J.)
