J C Flowers Asset Reconstruction Private Limited v. Asit Koticha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 7962 OF 2025 Swapnil IN COMMERCIAL SUIT NO. 68 OF 2022 J C Flowers Asset Reconstruction Private Limited.

...Applicant

IN THE MATTER BETWEEN

Yes Bank Limited.

...Plaintiff Vs.

Asit Koticha and Ors.

...Defendants Ms. Janaki Garde a/w. Ms. Arya Gadagkar i/b. M/s. Rashmikant and Partners for the applicant/plaintiff. Ms. Antara K. i/b. Khaintan and Co. for defendant no. 5 COMS/68/2022 and for applicant in IA/344/2026. Mr. Atul Jain a/w. Mr. Nitesh Jain, Mr. Ojaswi Shankar i/b. Trilegal in IA/698/2026.

Mr. Yash Momaya (Thr. V.C.) i/b.Mr. Prashant Goyal for defendant no.2.

Mr. Ysh Momaya (Thr. V.C.), Mr. Munaf Virjee, Mr. Rushabh Parekh, Ms. Mithali Shetty i/b. AMR Law for defendant no.1. Mr. Karan Sangani i/b. Cyril Anarchand Mangaldas for defendant no.6.

CORAM : GAURI GODSE, J.

DATE : 10th February 2026 ORDER :

1.

This application is filed on behalf of the assignee of the 1/3

plaintiff. Learned counsel for the applicant submits that in view of the assignment deed dated 16th December 2022 and further assignment agreement dated 18th November 2025, the plaintiff's rights have been assigned to the applicant. The applicant has annexed the copies of both the agreements to this application. In view of the assignment agreements, the applicant prays for substituting the applicant's name in place of plaintiff.

2.

Learned counsel for the applicant has tendered two additional affidavits dated 2nd February 2026 and 3rd February 2026 signed and executed on behalf of the original plaintiff and the first assignee respectively to support the prayers in the Interim Application No. 7962 of 2025. The additional affidavits are taken on record. Additional affidavit dated 2nd February 2026 is signed and executed by the authorized signatory of the plaintiff. The additional affidavit dated 3rd February is signed and executed by the first assignee of the plaintiff.

3.

For the reasons stated in the interim application and the additional affidavits, the application is allowed in terms of prayer clause 'a'.

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4.

Amendment to be carried out within two weeks. 5.

Since, the proposed amendment is affirmed by the applicant and is also supported by affidavits by the original plaintiff, reverification of the plaint is dispensed with. 6.

The interim application is allowed in the aforesaid terms.

[GAURI GODSE, J.] 3/3