Bombay High Court
Il And Fs Financial Services Limited vs Anupama Agarwal And 4 Ors on 12 January, 2021
Author: N.J. Jamadar
Bench: N.J. Jamadar
1/3 6-sj-21-2019-comss-396-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
SUMMONS FOR JUDGMENT NO. 21 OF 2019
IN
COMMERCIAL SUMMARY SUIT NO. 396 OF 2019
IL & FS Financial Services Ltd. .... Plaintiff
Vs.
1. Anupama Agarwal & Ors. ... Defendants
Ms. Ankita Agrawal i/b DSK Legal for applicant/plaintiff.
None for defendants.
CORAM : N.J. JAMADAR, J.
DATE : 12th JANUARY 2021 P.C.
1. Heard the learned counsel for the plaintiff. None appeared for the defendants.
2. By an order dated 26th May 2020, conditional leave to defend the suit was granted to defendant Nos.1 to 5 subject to deposit of a sum of Rs.32,94,71,781/- within a period of twelve weeks therefrom.
3. The defendant Nos.1 to 5 did not deposit the said amount within the Digitally said period, which expired on 18th August 2020. The defendants sought an signed by Shraddha Shraddha K. Talekar K. Date:
extension of time to deposit the said amount. By an order dated 20 th Talekar 2021.01.12 16:41:38 +0530 August 2020, this Court granted eight weeks' extension from 18 th August 2020 for making deposit of the amount in accordance with the order of conditional leave dated 26th May 2020. It was further made clear that the Shraddha Talekar PS 2/3 6-sj-21-2019-comss-396-2019.doc said extension was granted by way of indulgence and as a last chance, and that, under no circumstances, request of further extension of time on behalf of the defendants shall be entertained.
4. The learned counsel for the plaintiff submits that the defendants have failed to deposit the amount within the extended period as well. A Non-deposit certificate issued by the Prothonotary and Senior Master of this Court dated 26th October 2020 is tendered for the perusal of the Court.
5. In the ordinary course, this Court would have directed the plaintiff to tender the original documents and affidavit in support of the claim for judgment. However, by order dated 26th May 2020, while granting conditional leave, this Court had impounded the documents namely, loan agreement dated 29th December, 2017, the letters of guarantee, dated 29 th December 2017, and the Pledge Agreement dated 26 th February, 2018, and directed the Prothonotary and Senior Master to forward those documents to the Superintendent of Stamps / Collector of Stamps, Mumbai for adjudication with a further direction to the Adjudicating Authority to adjudicate the stamp-duty and penalty, if any, within six weeks from the date of the receipt of the impounded documents. The plaintiff was directed to pay the amount of stamp-duty along with penalty, if any, to be adjudicated by the Superintendent of Stamps/Collector of Stamps within two weeks of receiving the copy of the order.
Shraddha Talekar PS 3/3 6-sj-21-2019-comss-396-2019.doc
6. The learned counsel for the plaintiff submitted that the plaintiff has been informed about the forwarding of the impounded documents to the Adjudicating Authority vide communication dated 20th August 2020. The learned counsel, however, submits that the plaintiff has yet not been informed about the order, if any, passed by the Adjudicating Authority.
7. In the aforesaid view of the matter, the Prothonotary and Senior Master is directed to call a report from the Adjudicating Authority as to whether it has complied with the order of this Court dated 26th May 2020.
8. List the matter on 2nd February 2021.
In the meanwhile, the plaintiff shall file the original documents, apart from the impounded documents, on which the plaintiff relies and an affidavit in support of the claim.
[ N.J. JAMADAR, J. ] Shraddha Talekar PS