TATA CAPITAL LIMITED (FORMERLY KNOWN AS TATA CAPITAL FINANCIAL SERVICES LIMITED) vs PRIYANKA COMMUNICATIONS (INDIA) PVT.LTD. AND 2 ORS.

Judgment text excerpt

This order is corrected/modified vide speaking to minutes of order dated 17.6.2026 IA-434-2025-COMSS-87-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 434 OF 2025 IN COMMERCIAL SUMMARY SUIT NO. 87 OF 2022 PRIYANKA COMMUNICATIONS (INDIA) PVT. ) LTD. AND OTHERS )...APPLICANTS IN THE MATTER BETWEEN TATA CAPITAL FINANCIAL SERVICES LTD. )...PLAINTIFF V/s. PRIYANKA COMMUNICATIONS (INDIA) PVT. ) LTD. AND OTHERS )...DEFENDANTS Mr.Somiran Sharma a/w. Mr.Rehmat Lokhandwala and Mr.Abuzar Khan i/by Pan India Legal Services LLP, Advocate for the Applicants/Original Defendants. Mr.Chetan Kapadia, Senior Advocate a/w. Mr.Rohan Sawant, Mr.Aman Saraf, Ms.Aishwarya Mehta i/by Manilal Kher Ambalal & Co., Advocate for the Respondent/Plaintiff. CORAM : ABHAY AHUJA, J. RESERVED ON : 17th DECEMBER 2025 PRONOUNCED ON : 8th JUNE 2026 ORDER : 1. This Interim Application has been filed by the Applicant/Original Defendants seeking rejection of the plaint in the Commercial Summary avk 1/37 This order is corrected/modified vide speaking to minutes of order dated 17.6.2026 IA-434-2025-COMSS-87-2022.doc Suit No.87 of 2022 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”). 2. The Respondent / Original Plaintiff has filed the present Commercial Summary Suit inter alia seeking a decree against the Applicants/ Original Defendants in respect of the amount due and payable by the Applicants / Original Defendants under the Working Capital Demand Loan (“WCDL”) dated 2 nd August 2018 extended by the Respondent / Original Plaintiff to the Applicants / Original Defendants as well as under the Letters of Guarantee of Defendants no.2 and 3 also dated 2nd August 2018 in respect of the said facility for an a