Astra Marketing Thr Its Partner Yash Pal Singla v. Hipra India Private Limited

50 wp 3183 of 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3183 OF 2026 M/s. Astra Marketing ...

Petitioner versus M/s. Hipra India Pvt. Ltd.

...

Respondent SWAROOP SHARAD PHADKE Ms. Iyanesh Parbhoo, for Petitioner.

SWAROOP SHARAD PHADKE Date: 2026.03.12 20:01:03 +0530 CORAM: N.J.JAMADAR, J.

DATE :

10 MARCH 2026 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

The challenge in this Petition is to an order dated 7 January 2026 passed by the learned Civil Judge, Sr. Division, Pune, whereby leave to defend has been granted to the Petitioner - Defendant on the condition of deposit of a sum of Rs.39,13,401/-.

3.

Learned Civil Judge was persuaded to grant conditional leave as the Defendant has acknowledged liability to pay the said amount vide email dated 28 February 2022.

4.

Perused the said email, a copy of which is annexed at pages 58-59 of the compilation. In the said email, the Defendant has stated 'as we are not able to clear all outstanding of INR 39.13 L at once, we like to request you to allow us to pay INR 3 L per month.......'

5.

In the light of the aforesaid admission of liability, in conformity with the SSP 1/2

50 wp 3183 of 2026.doc second proviso to Rule 3(5) of Order XXXVII of the Code, the learned Civil Judge was justified in granting conditional leave upon deposit of the said admitted amount. (IDBI Trusteeship Services Ltd. V/s. Hubtown Ltd.1). 6.

Thus, no fault can be found with the impugned order. 7.

The Writ Petition stands dismissed.

( N.J.JAMADAR, J. ) (2017) 1 SCC 568 SSP 2/2