Priyanka Communications India Pvt Ltd v. Tata Capital Financial Services Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION SUMMONS FOR JUDGMENT NO.36 OF 2023 IN COMMERCIAL SUMMARY SUIT NO.87 OF 2022 TATA CAPITAL FINANCIAL SERVICES LIMITED )...PLAINTIFF V/s.

PRIYANKA COMMUNICATIONS (INDIA) PVT. LTD AND OTHERS )...DEFENDANTS WITH INTERIM APPLICATION NO.434 OF 2025 IN COMMERCIAL SUMMARY SUIT NO.87 OF 2022 WITH COMMERCIAL SUMMARY SUIT NO.87 OF 2022 WITH INTERIM APPLICATION (L) NO.8951 OF 2020 IN COMMERCIAL SUMMARY SUIT NO.87 OF 2022 WITH INTERIM APPLICATION (L) NO.27737 OF 2024 IN COMMERCIAL SUMMARY SUIT NO.87 OF 2022 WITH LEAVE PETITION NO.10 OF 2021 IN COMMERCIAL SUMMARY SUIT NO.87 OF 2022 Mr.Rohan Savant, Mr.Shadab Jan, Mr.Sachin Chandarana a/w. Mr.Aagam Mehta i/by Manilal Kher Ambalal & Co., Advocate for the Plaintiff.

Mr.Nadeem Shama a/w Mr.Ku Rehmat Lokhandwala, Mr.Abuzar Khan i/b PAN India Legal Services LLP, Advocates for the Defendants. Digitally signed by KIRAN SANJAY GHUGE Date:

2025.07.23 21:16:11 +0530 KIRAN SANJAY GHUGE

CORAM

:

ABHAY AHUJA, J.

DATE :

23rd JULY 2025 1/3

P.C. :

1.

When the matter is called out, Mr.Nadeem Shama, learned Counsel appears for the Defendants and submits that Mr. J.P. Sen learned Senior Counsel is leading him in the matter. 2.

Mr.Shama, learned Counsel also submits that as against Defendants No.2 and 3 proceedings under Section 95 of the Insolvency and Bankruptcy Code, 2016 have been filed and there is an interim moratorium in respect of the said Defendants. 3.

That Mr.Sen, learned Senior Counsel would continue his arguments for Defendant No.1 and that some time be granted as he is not available at the moment.

4.

It is observed that earlier Mr.Chetan Kapadia, learned Senior Counsel had concluded his arguments in support of the Summons for Judgment, however, Mr.Sen, learned Senior Counsel had commenced his arguments in support of the application under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of plaint and also for leave to defend.

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5.

Mr.Rohan Savant, learned Counsel has no objection if some time is granted in the matter.

6.

At their joint request, list on 11th September, 2025 at 04:00 p.m., for Mr.Sen, learned Senior Counsel to conclude his arguments. (ABHAY AHUJA, J.) 3/3