A commercial suit was withdrawn after the claim was fully paid. The Court remitted the accumulated suit amount to an asset reconstruction company, which had discharged the underlying debt on behalf of a defendant.
Suit dismissed as withdrawn; suit amount remitted to Edelweiss Asset Reconstruction Company Ltd.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
coms6-15.doc
sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUIT NO.6 OF 2015
WITH NOTICE OF MOTION NO.2 OF 2015 IN SUIT NO.699 OF 2015
WITH NOTICE OF MOTION NO.46 OF 2016 IN
COMMERCIAL SUIT NO.6 OF 2015
WITH NOTICE OF MOTION NO.2313 OF 2016 IN
SUIT NO.699 OF 2015
WITH CHAMBER SUMMONS NO.123 OF 2017 IN
COMMERCIAL SUIT NO.6 OF 2015
IL&FS Financial Services Ltd. And Anr. ...Plaintiffs/Applicants
vs
Kamat Hotels (India) Ltd. And Ors. ...Defendants
Mr. Vijayendra Purohit, i/b. Manilal Kher Ambalal & Co., for the Plaintiffs.
Mr. Sachin Kudalkar, i/b. Madekar & Co., for Defendant No.5.
Ms. Fransisca Philip, i/b. Kochhar & Co., for Defendant No.6.
Ms. Suvarna Joshi, for Defendant No.7.
Mr. Rakesh L. Singh, i/b. M.V. Kini & Co., for Defendant No.8/Canara Bank.
CORAM : S.C. GUPTE, J.
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coms6-15.doc
DATED : 10 OCTOBER 2017
P.C. :
. This Commercial Suit has been filed for recovery of a sum of Rs.18,94,00,466/-. Learned Counsel for the Plaintiffs confirms that the entire suit claim has been paid to the Plaintiffs. Learned Counsel, accordingly, seeks leave to withdraw the suit as settled out of Court.
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coms6-15.doc
affirmed on 10 October 2017) bringing on record the subsequent developments and seeking appropriate orders in respect of the amount lying to the credit of the suit, as noted above.
( S.C. GUPTE, J. )
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S.C. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
