Bombay High Court
Essel Infraprojects Ltd vs Sanjay Kakade on 11 June, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
2024:BHC-OS:8518
10. NMCDL 1652-19 in COMSS 153-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO. 1652 OF 2019
IN
COMMERCIAL SUMMARY SUIT NO. 153 OF 2019
Sanjay Kakade ...Applicant
In the matter between
Essel Infraprojects Ltd. ...Plaintiff
V/s.
Sanjay Kadade ...Defendant
Mr. Karan Bhosale with Ms. Laveena Tejwani and Ms. Neha Bhosale i/b
NDB Law for Applicant/Defendant.
Ms. Mrunali Lanjewar i/b MDP & Partners for Respondent/Plaintiff.
CORAM : ABHAY AHUJA, J.
DATE : 11th JUNE, 2024
P.C. :
1. This Notice of Motion seeks condonation of delay of 122 days in entering appearance in the suit.
2. Mr. Bhosale, learned Counsel appears for the Applicant and submits that the suit has been filed against the Applicant as a gurantor for an Inter Corporate Deposit ("ICD") that was placed by the Plaintiff with Kakade Developers Pvt. Ltd., in which the Applicant is a promotor and director. Mr. Bhosale would submit that the transaction is of the year 2015 and the summary suit was filed in December, 2018 and the writ of summons was statedly served upon the Applicant on 20 th Nikita Gadgil 1/3 ::: Uploaded on - 12/06/2024 ::: Downloaded on - 12/06/2024 20:01:53 :::
10. NMCDL 1652-19 in COMSS 153-19.doc February, 2019. Mr. Bhosale would submit that although the same was received on 20th February, 2019, by the receptionist of the Applicant, since the same was kept along with other papers inadvertently, she did not inform the Applicant. Mr. Bhosale would submit that moreover a renovation was going on in the office premises of the Applicant and the papers were kept in a different location and it is only on 27 th June, 2019 the Defendant became aware of the receipt of the writ of summons, when he checked the High Court Website. That soon thereafter, on 9th July, 2017, the Notice of Motion has been filed seeking condonation of a delay of 122 days.
3. Mr Bhosale, would submit that since 2019, the Plaintiff has not taken any steps and moreover, without prejudice settlement talks are going on between the parties, and that therefore in the interest of justice, this Court condone the delay and allow the Defendant to enter appearance upon terms this Court may deem appropriate to impose.
4. Ms. Lanjewar, learned Counsel appears for the Plaintiff and submits that there has been a delay which ought not be condoned as an amount over Rs. 25 Cr in addition to the interest is due and payable to the Plaintiff. Learned Counsel submits that, however, if this Court is Nikita Gadgil 2/3 ::: Uploaded on - 12/06/2024 ::: Downloaded on - 12/06/2024 20:01:53 :::
10. NMCDL 1652-19 in COMSS 153-19.doc inclined to condone the delay, the same may be condoned subject to payment of costs.
5. Having heard the learned Counsel and having considered the rival submissions and having perused the affidavit in support of the Notice of Motion as well as affidavit in reply, this Court is of the view that considering that Defendant is guarantor to the repayment of the ICD that was placed by the Plaintiff with the company - Kakade Developers Pvt. Ltd, the Defendant be allowed to enter appearance, subject to payment of costs of Rs. 1,00,000/- to the Plaintiff within a period of two weeks.
6. Subject to payment of costs as above, the Notice of Motion is allowed in terms of prayer clauses (a) and (b), which read thus,:-
"(a) that the delay of 122 days in filing of Vakalatnama in the present Summary Suit be condoned;
(b) that the vakalatnama on behalf of the applicant/Defendant be permitted to be taken on record and the appearance of the Defendant be permitted to be entered;"
7. Notice of Motion accordingly stands disposed. Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:
2024.06.12 14:51:07 +0530 (ABHAY AHUJA, J.) Nikita Gadgil 3/3 ::: Uploaded on - 12/06/2024 ::: Downloaded on - 12/06/2024 20:01:53 :::