Aditya Birla Finance Limited v. Suraj Kamra

8-CARAP-171-2024 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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

Versus

Suraj Kamra

...Respondent

__________ Adv. Vishal Maheshwari a/w Mihir Beradia i/b V.M. Legal, for the Applicant. __________ CORAM :

ADVAIT M. SETHNA, J.

DATE :

28 JANUARY 2025 P.C.:

1.

The learned counsel for the applicant has placed an order dated 21 January 2025 which read thus:- 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.

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. 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 Mayur Adane, PA

8-CARAP-171-2024 (OS).DOC 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.

As per the above order the learned counsel for the applicant was directed to file a loan statement within a period of one week. He would however, request for an extension of two days to file such loan statement, and undertakes to file such loan statement in these proceedings on or before 30 January 2025. He may do so accordingly.

2.

Stand over to 4 February 2025.

(ADVAIT M. SETHNA, J.) Mayur Adane, PA