WARANA SUGAR LIMITED vs IL AND FS FINANCIAL SERVICES LTD

Judgment text excerpt

2-IA-5723-2025-COMS-93-2022.docx rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5723 OF 2025 IN COMMERCIAL SUMMARY SUIT NO. 93 OF 2022 1. Warana Sugar Limited Commercial Complex Warananagar, Tal – Panhala Dist : Kolhapur, Pin – 416113 2. Vinay Kore Warana Sugar Limited Commercial Complex Warananagar, Tal – Panhala Dist : Kolhapur, Pin – 416113 3. Shri Tatyasaheb Kore Warana Sahakari Sakhar Karkhana Ltd A/P Warananagar, Tal – Panhala Dist : Kolhapur, Pin – 416113 … Applicants Vs. IL & FS Financial Services Limited a Company Incorporated under the provisions of the Companies Act, 1956 and having its Registered Office at The IL & FS Financial Centre, Plot C-22 Digitally signed G Block, Bandra-Kurla Complex by RAJESHWARI RAJESHWARI RAMESH PILLAI RAMESH Date: Bandra (East), Mumbai 400 051 … Respondents PILLAI 2026.03.04 17:58:19 +0530 1/23 2-IA-5723-2025-COMS-93-2022.docx Mr. Zal Andhyarujina, Senior Advocate a/w. Ms. Ishani Khanwilkar, Mr, Sachin Chandarana, Mr. Jaiveer Dharan i/b. Manilal Kher Ambalal & Co. for the Plaintiff. Mr. Phiroze Colabawalla a/w. Mr. Niharika Jalan i/b. Mr. Indrajeet Hingane for the Defendants. CORAM : GAURI GODSE, J. RESERVED ON : 11th NOVEMBER 2025 PRONOUNCED ON : 4 th MARCH 2026 JUDGMENT : 1. This application is filed by the defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”), praying for rejection of the plaint at the threshold on the ground that it is barred for non-compliance with the mandatory provision under Section 12A of the Commercial Courts Act, 2015 (“the said Act”). 2. The suit is filed for recovery of an amount of approximately Rs. 123,50,10,401/-, which, according to the plaintiff, is due and payable as on 30 th September 2022. The plaintiff