Bombay High Court
Aditya Birla Finance Ltd And Anr vs Ncc Infrastructure Holdings Limited ... on 29 January, 2019
Author: K.R. Shriram
Bench: K.R.Shriram
1/3 nmcdl-246-19(906).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
COMMERCIAL NOTICE OF MOTION (L) NO.246 OF 2019
IN
COMMERCIAL SUIT (L) NO.101 OF 2019
Aditya Birla Finance Ltd. & Anr ..Plaintiffs/Applicants
Vs.
NCC Infrastructure Holdings Ltd & Ors ..Defendants
Mr. Janak Dwarkadas Senior Advocate, a/w Mr. Sharan Jagtiani, Mr. Nitesh
Jain, Ms Juhi Mathur and Ms Atika Vaz I/b Shardul Amarchand Mangaldas
& Co. for Plaintiff/Applicant
Mr. Atul Rajadhyaksha, Senior Advocate a/w Mr. Kedar Wagle and Mr.
Sagar Wagle I/b Mr. Kedar Wagle for Defendant Nos.1 and 2
Mr. Venkatesh Dhond, Senior Advocate a/w Mr. Udit Mendiratta and Ms
Manini Bharati I/b Trilegal for Defendant No.3
CORAM : K.R.SHRIRAM, J.
DATE : 29th JANUARY, 2019 P.C.:
1 After hearing the counsel, following order is passed:
(a) Plaintiffs shall deposit the bank guarantee along with extensions in a sealed envelope with the Prothonotary and Senior Master, High Court, Bombay, during the course of today.
(b) Plaintiffs shall also file an affidavit of Mr. Sayak Chandra, Associate Vice President Legal, confirming that the sealed envelope contains the bank guarantee as well as the extensions.
(c) Affidavit in reply to be filed and copy served within three weeks
Meera Jadhav
::: Uploaded on - 30/01/2019 ::: Downloaded on - 31/01/2019 01:29:53 :::
2/3 nmcdl-246-19(906).doc
from today. Rejoinder if any, to be filed and copy served within two weeks thereafter.
(d) The registry to inform as required under Order 35 Rule 3 of the Civil Procedure Code, 1908, the Hon'ble Commercial Court, Ranga Reddy at L.B. Nagar, Teleangana in COS No.1 of 2019 in NCC Ltd & Anr Vs. I. L and FS Financial Services Ltd and ors, about the institution of this interpleader suit and that it is pending.
(e) Mr. Rajadhyaksha states that defendant nos.1 and 2 shall also inform the Hon'ble Commercial Court about the pendency of this interpleader suit and bring to the notice of the court Order XXXV Rule 3 of Civil Procedure Code, 1908, which reads as under:
Rule (3). Procedure where defendant is suing plaintiff- Where any of the defendants in an interpleader-suit is actually suing the plaintiff n respect of the subject-matter of such suit, the Court which the suit against the plaintiff is pending shall, on being informed by the court in which the interpleader-suit has been instituted, stay the proceedings as against him and his costs in the suit so stayed may be provided for in such suit; but if, and in so far as, they are not provided for in that suit, they may be added to his costs incurred in the interpleader-suit.
(emphasis supplied) (2) Mr. Dhond states that defendant no.3 has already invoked the bank guarantee.
(3) Mr. Rajadhyaksha submits that issue of invocation of bank guarantee is something that has to be decided by Hon'ble Commercial Court, Ranga Reddy, which Mr. Dhond disputes.
(4) In my view, it is not an issue at this point of time because as per
Meera Jadhav
::: Uploaded on - 30/01/2019 ::: Downloaded on - 31/01/2019 01:29:53 :::
3/3 nmcdl-246-19(906).doc
the provisions of Order XXXV Rule 3, in view of the institution of this interpleader-suit and its pendency, the Hon'ble Commercial Court, Ranga Reddy, will stay the proceedings.
(5) Plaintiff is at liberty to hand over the communication from the registry to the Hon'ble Commercial Court, Ranga Reddy. (6) Within 4 weeks from today all office objections to be removed and the suit and the notice of motion be numbered, failing which, the notice of motion as well as the suit will get dismissed for want of prosecution. (7) All to act on authenticated copy of this order (8) Notice of motion be listed for hearing on 25th March, 2019.
(K.R. SHRIRAM, J.) Meera Jadhav ::: Uploaded on - 30/01/2019 ::: Downloaded on - 31/01/2019 01:29:53 :::