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40.IAL.29845.22 in COMS.162.22.

doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION (L) NO. 29845 OF 2022


IN
COMMERCIAL SUIT NO. 162 OF 2022

Authum Investment and Infrastructure Limited … Applicant

In the matter of

R.K. Mohatta Family Trust … Plaintiff

Versus
Reliance Home Finance Limited & Ors. ... Defendants

Mr. Navroz Seervai, Senior Advocate a/w Mr. Shadab S. Jan, Mr.
Mufaddal Paperwala i/b M/s. Crawford Bayley & Co. for the Applicant.

An Advocate i/b Sujit Lahoti & Associates for the Plaintiff.

Mr. Sharan Jagtiani Senior Advocate a/w Subir Kumar, Disha Shah,
Mutahar Khan i/b SDS Advocates for Defendant No.1-Reliance Home
Finance Ltd.

Mr. Vaibhav Singh and Mr. Bryan Pillai i/b Shardul Amarchand Mangaldas
& Co. for Defendant No.2.

Mr. Ravi Kadam, Senior Advocate a/w Mr. Yohaann Limathwalla and Mr.
Virgil Braganza i/b J. Sagar Associates for Defendant No.3-Bank of
Baroda.

CORAM : R.I. CHAGLA, J.


DATED : 10th OCTOBER, 2022.

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40.IAL.29845.22 in COMS.162.22.doc

ORDER :

1 Mr. Navroz Seervai, learned Senior Counsel for the Applicant

has addressed this Court. The Applicant is seeking to be impleaded as

party Defendant in the Suit.

2 The Applicant Authum Investment and Infrastructure Limited

is a registered Non-Banking Financial Company. The said Authum’s

resolution plan has been selected as the successful resolution plan by the

lenders of Defendant No.1 who have signed an Inter-Creditor Agreement.

Mr. Navroz Seervai has submitted that the Applicant is directly interested

in the outcome of the present Suit and is a proper and necessary party in

view of reasons stated in paragraph 4 of the Interim Application.

3 There is no objection to the Applicant being impleaded as

party Defendant. This is without prejudice to the rights and contentions

of the parties. Hence, the following order is passed :

i) The Plaintiff shall within a period of one week from the

date of this order join the Applicant as party Defendant No.4

to the captioned Suit.

ii) Interim Application is disposed of in the above terms.


Digitally
signed by
WAISHALI
WAISHALI SUSHIL

(R.I. CHAGLA, J.) SUSHIL WAGHMARE


WAGHMARE Date:
2022.10.13
14:16:38
+0530

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