Axis Bank Ltd. v. Priyanka Communications India Pvt. Ltd.

Bombay HC5 Dec 2025IA/5563/2025

Case brief

AI extract

What is this about?

Condonation of delay; written statements taken on record subject to costs; Rs. 20,000 costs to Plaintiff; flimsy reasons by commercial/financial-sector entities; Bombay High Court OOCJ; Suit No. 207 of 2024; Equifax Credit Information Services v. Priyanka Communications India Pvt. Ltd & Ors; Order 1 Rule 10 CPC deletion of defendant; undefended suits transfer; interlocutory relief reply timeline; Somasekhar Sundaresan J.

What did the court decide?

Condonation of delay granted for the applicant-defendants subject to each paying Rs.20,000/- costs to the Plaintiff within two weeks of upload, whereupon the Registry to take the written statements on record; IA/2768/2025 disposed of without directions; reply to IA/3748/2024 permitted within four weeks; IA/2282/2025 listed for hearing on January 22, 2026. ¶¶54

Axis Bank Ltd. vs Priyanka Communications India Pvt. Ltd. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶54

Issue for consideration

Whether the delay in taking on record the written statements of the defendant-applicants should be condoned. +3 more

¶¶47

Court's answer

The reasons offered for the delay were characterised as rather flimsy, particularly coming from commercial organizations operating in the financial sector and expected to work in a time-bound manner.

¶¶48

Ratio / Principle

Nevertheless, because the written statements would be expedient and necessary to address the interests of justice and assist the Court in adjudicating the suit, the written statements were permitted to be taken on record, subject to payment of costs of Rs.20,000/- by each of the Applicants to the Plaintiff.

¶¶48

Key takeaways

Each Applicant shall pay the Rs.20,000/- costs to the Plaintiff within two weeks from the date of upload of the order, and subject to confirmation of such payment the Registry shall take the written statements on record.ratio¶¶53
Since the other Interim Applications (condonation of delay) stood allowed, IA/2768/2025 (transfer of the Suit to the undefended-suits category, filed by the original Plaintiff) was disposed of without any directions.ratio¶¶55
On IA/3748/2024 (interlocutory relief), the Defendants were permitted to file a reply within four weeks from the date of upload of the order; the relief application itself was not decided.

Detailed headnote1 paragraphs

Bombay High Court, OOCJ (Somasekhar Sundaresan, J.; December 5, 2025; corrected per speaking-to-minutes order dated December 24, 2025) — In the batch of interim applications in Suit No. 207 of 2024, the Court condoned the delay in taking on record the written statements of the defendant-applicants (all captioned applications other than IAs 2768, 3748 of 2024 and 2282 of 2025), observing that the reasons were 'rather flimsy' for commercial entities in the financial sector, but allowing the written statements in the interests of justice, subject to costs of Rs.20,000/- payable by each Applicant to the Plaintiff within two weeks of upload, upon confirmation of which the Registry is to take the written statements on record. IA/2768/2025 (original Plaintiff's request to transfer the Suit to the undefended-suits category) was disposed of without directions once the condonation applications were allowed. On IA/3748/2024 (interlocutory relief), Defendants may file replies within four weeks of upload. IA/2282/2025 (Defendant No.11's deletion application under Order 1 Rule 10 CPC, claiming it is neither a necessary nor proper party) was listed with the interlocutory-relief applications on January 22, 2026.

¶1

Spkng-17 & 23-IA-4967-2025+.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO. 4967 OF 2025

¶4

¶5

SUIT NO. 207 OF 2024

¶6

Equifax Credit Information Services Private Limited

¶7

…Applicant

¶8

Versus

¶9

Priyanka Communications India Pvt. Ltd & Ors …Respondents

¶10

WITH

¶11

INTERIM APPLICATION NO. 3731 OF 2025

¶12

WITH

¶13

INTERIM APPLICATION NO. 4964 OF 2025

SUIT NO. 207 OF 2024

AND

SUIT NO. 207 OF 2024

Priyanka Communications India Pvt. Ltd. …Applicant

¶19

Versus

¶20

Union Bank Of India …Respondents

¶21

WITH

¶22

INTERIM APPLICATION NO. 4967 OF 2025

¶23

WITH

¶24

INTERIM APPLICATION NO. 4964 OF 2025

¶25

WITH

¶26

INTERIM APPLICATION NO. 3731 OF 2025

¶27

WITH

¶28

INTERIM APPLICATION NO. 5586 OF 2025 WITH INTERIM APPLICATION NO. 5584 OF 2025

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Page 1 of 5

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December 5, 2025

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ASHWINI JANARDAN VALLAKATI Digitally signed by ASHWINI JANARDANVALLAKATI Date: 2026.01.05 17:10:17 +0530

¶32

Corrected pursuant to the speaking to the minutes order dated December 24, 2025. Ashwini Vallakati

¶33

Spkng-17 & 23-IA-4967-2025+.doc

¶34

WITH INTERIM APPLICATION NO. 5565 OF 2025 WITH INTERIM APPLICATION NO. 5563 OF 2025 WITH INTERIM APPLICATION NO. 5562 OF 2025 WITH INTERIM APPLICATION NO. 2768 OF 2025 WITH INTERIM APPLICATION NO. 2368 OF 2025 WITH INTERIM APPLICATION NO. 2282 OF 2025 WITH INTERIM APPLICATION NO. 3748 OF 2024 IN SUIT NO. 207 OF 2024

¶35

Mr. Ali Abbas Delhiwala, a/w Rehmat Lokhandwala & Hrishikesh Nadkarni, i/b Pan India Services LLP, for the Plaintiff in S/207/24.

¶36

Mr. Mohit Sahani, i/b King Stubb & Kasiva, for Defendant No.10 in S/207/24 & for Respondent No.10 in IA/4967/25, 3731/25 & 4964/25.

¶37

Mr. Pradeep Bakhru, a/w Piyush Kranti for Applicant/original Defendant No.7 in IA/3731/25.

¶38

Mr. Aditya Manjrekar, i/b MLS Vani & Associates for Defendant Nos.8 & 9 in S/207/24 & for Applicant in IA/4964/25 & 4967/25.

¶39

Ms. Arunima Athavale, i/b Trilegal for Defendant No.11 in S/207/24.

¶40

Ms. Kajal Gupta, a/w Shweta Singh, i/b M.V. Kini & Co., for Applicants/Defendant Nos.1 to 5 in IA/5584/25, IA/5565/25, IA/5563/25, IA/5562/25 & IA/5586/25.

¶41

CORAM : SOMASEKHAR SUNDARESAN, J.

¶42

Page 2 of 5 December 5, 2025

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Corrected pursuant to the speaking to the minutes order dated December 24, 2025. Ashwini Vallakati

¶44

Spkng-17 & 23-IA-4967-2025+.doc

¶45

DATE : DECEMBER 5, 2025

¶46

ORDER : Condonation of Delay Applications :

¶47

All these captioned Applications (other than Interim Application Nos. 2768 of 2025; 3748 of 2024; and 2282 of 2025) seek Condonation of Delay for taking on record the written statements. Except for Defendant No.5 and Defendant No.11, the delay in number of days runs into triple digits in all cases.

¶48

I have carefully examined the contents of the Interim Application. These reasons are rather flimsy, particularly coming from commercial organizations and that too when they are operating in the financial sector, and are expected to work in a time-bound manner in all matters. However, considering that the written statement would be expedient and necessary to address the interests of justice and to assist the Court to adjudicate the suit, it is considered appropriate to permit the written statements to be taken on record, subject to payment of costs in the sum of Rs.20,000/- by each of the Applicants to the Plaintiff.

¶49

Page 3 of 5 December 5, 2025

¶50

Corrected pursuant to the speaking to the minutes order dated December 24, 2025. Ashwini Vallakati

¶51

Spkng-17 & 23-IA-4967-2025+.doc

¶52

Such costs shall be paid by each Applicant to the Plaintiff within a period of two weeks from the date of upload of this order. Subject to confirmation of such costs being paid, the Registry shall take the written statements on record.

¶53

All the aforesaid Interim Applications are disposed of in the aforesaid terms.

¶54

Other Applications:

¶55

Interim Application No.2768 of 2025 is an Application filed by the original Plaintiff asking for the Suit to be transferred to the category of undefended suits. In view of the fact that the other Interim Applications have been allowed, this Interim Application also stands disposed of without any directions.

¶56

Interim Application No.3748 of 2024 is an Application seeking interlocutory relief. Should the Defendants desire to file a reply to the same, they may do so within a period of four weeks from the date of upload of this order.

¶57

Interim Application No.2282 of 2025 is an Application under Order 1 Rule 10 of the Civil Procedure Code, 1908 by Defendant No.11,

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Page 4 of 5 December 5, 2025

¶59

Corrected pursuant to the speaking to the minutes order dated December 24, 2025. Ashwini Vallakati

¶60

Spkng-17 & 23-IA-4967-2025+.doc

¶61

seeking deletion of the Applicant on the premise that it is neither a necessary nor a proper party. The same shall also be listed along with the Interim Applications for interlocutory relief on January 22, 2026 .

¶62

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.

¶63

[ SOMASEKHAR SUNDARESAN, J.]

¶64

Page 5 of 5 December 5, 2025

¶65

Corrected pursuant to the speaking to the minutes order dated December 24, 2025. Ashwini Vallakati

Axis Bank Ltd. v. Priyanka Communications India Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Axis Bank Ltd. v. Priyanka Communications India Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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