Aditya Birla Finance Limited v. Suraj Kamra

49-CARAP-171-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 171 OF 2024 Aditya Birla Finance Ltd.

...Applicant

Versus

Suraj Kamra & Ors

...Respondents

Mr. Vishal Maheshwari, a/w Mihir B., i/b V.M. Legal for the Applicant.

Mr. Suraj Kamra present in-person for Respondent No.2.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE: JANUARY 21, 2025 PC :

1.

This Application under Section 11 of the Arbitration and Conciliation Act, 1996 is filed by the Petitioner, which is a Non-Banking Finance Company, and has granted a loan against property to the Respondent.

2.

Today, when the matter is called out, Respondent No.2 has appeared in-person from Chandigarh using the Video Conference mode and submits that she has no intention to default but she is in dire straits and is willing to be put to terms and wants to resolve the matter. ASHWINI JANARDAN VALLAKATI ASHWINI JANARDAN VALLAKATI Date: 2025.01.27 20:01:27 +0530 January 21, 2025 Ashwini Vallakati

49-CARAP-171-2024.doc 3.

Without going into the merits of the matter, even to appreciate the situation at hand, it would be necessary to see a statement of account of the loans in question as of date. 4.

Learned Counsel for the Petitioner undertakes to file a loan account statement as of date, within a period of one week from today. Let the same be done by way of an affidavit. Stand over to February 4, 2025.

5.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] January 21, 2025 Ashwini Vallakati