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Bombay High Court
M/S.Vijay Associates (Wadhwa) And Ors. vs Ganges Leasing And Financing Company ... on 12 January, 2026
Author: R.I. Chagla
Bench: R.I. Chagla
2026:BHC-AS:1585-DB
16-COMFA-36-2025 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
COMMERCIAL FA NO. 36 OF 2025
M/s. Vijay Associates (Wadhwa) And Ors. ...Appellant
Versus
Ganges Leasing And Financing Company
Private Limited. ...Respondent
WITH
INTERIM APPLICATION NO. 38369 OF 2025
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Mr. Chirag Kamdar, a/w Adv. Abinash Pradhan, Adv. Garima
Agrawal, Adv. Yash Dedhia i/b Wadia Ghandy & Co, for the
Appellant.
Mr. Ram Upadhyay, i/by Law Competere Consultus, for the
Respondent.
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CORAM : R.I. CHAGLA J
ADVAIT M. SETHNA, J
DATE : 12TH JANUARY 2026
ORDER :
1. Admit.
2. The record of the City Civil Court at Mazgaon, Mumbai form
part of the compilation of documents on behalf of the Appellant and
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16-COMFA-36-2025 (C).doc
are tendered and taken on record.
3. Mr. Ram Upadhyay, learned counsel appearing for the
Respondent, waives service.
4. The Appellant/Applicant in the Interim Application No.38369
of 2025 has inter alia prayed for stay on the effect and operation of
the Impugned Judgment and Decree dated 28 th July 2025 passed by
the City Civil Court at Mazgaon, Mumbai in Summons for Judgment
No. 130 of 2024 taken out in Commercial Summary Suit No. 519 of
2024.
5. We have heard learned counsel for the parties on the interim
relief sought for in the said Interim Application.
6. We have perused the impugned order dated 28 th July 2025
passed by the City Civil Court at Mazgaon, Mumbai. By the impugned
order, the learned single Judge has allowed the Summons for
Judgment by holding that there was no triable issue. It appears from
the submissions as well as pleadings filed before the learned single
Judge that there was a dispute insofar as the payment of the interest
component on the principal amount of Rs.2,15,00,000/- claimed by
the plaintiff. The pleadings of the Defendants in defence to the
Summons for Judgment are that there was an adjustment in the
interest component arising from the concessional rate given by the
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16-COMFA-36-2025 (C).doc
Defendant to the Plaintiff in respect of Unit No. 202. The Plaintiff
was given the said Unit at a concessional rate of Rs.27,500/- per sq.ft
instead of Rs.40,500/- per sq.ft., and which was to be adjusted
towards the interest component.
7. The documents relied upon by the Defendant, which form part
of the record before the trial Court, include a document titled
account confirmation (Exhibit 'C' to the Summons for Judgment).
This document is reproduced below :
8. The learned trial Judge has proceeded on the premise that
there is no doubt about the balance account confirmation insofar as
the plaintiff's handwritten endorsement is concerned. This is despite
recording that the acknowledgment of the plaintiff in the said
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16-COMFA-36-2025 (C).doc
document indicates that the amount shown as the balance amount is
only the principal amount and is stated to be without interest.
9. The plaintiff would have had to prove that the handwritten
confirmation was as per the consent of the parties. This prima facie
appears to be a triable issue which the learned Judge has lost sight
of.
10. Further, the aforesaid issue of adjustment was also prima facie
required to be determined at the trial stage, which could only be
upon leading of evidence.
11. We accordingly find that the Appellant has made out a case for
interim relief.
12. Interim Application No. 38369 of 2024 is accordingly made
absolute in terms of prayer clause (a). The effect and operation of the
Impugned Judgment and Decree dated 28 th July 2025 passed by the
City Civil Court at Mazgaon, Mumbai in Summons for Judgment No.
130 of 2024 taken out in Commercial Summary Suit No. 519 of 2024
is accordingly stayed.
13. The hearing of the First Appeal is expedited.
14. At this stage Mr. Kamdar, learned counsel appearing for the
Appellant, states on instructions that the Appellant is willing to
deposit the principal amount of Rs.2,15,00,000/-. We accept the
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16-COMFA-36-2025 (C).doc
statement.
15. The Appellant shall deposit the principal amount of
Rs.2,15,00,000/- in this Court within a period of two weeks from
today.
16. The Respondent upon making an appropriate Application to
the Prothonotary and Senior Master of this Court, with whom the
said amount shall be deposited, is at liberty to withdraw the said
amount.
[ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.]
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