CATALYST TRUSTEESHIP LIMITED vs 63 MOONS TECHNOLOGIES LIMITED

CMP No. 14020 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
CMP No. 14020 of 2024
AND
OSA(CAD) SR NO. 60375 OF 2024,CMP NO. 14028 OF 2024,OSA(CAD)
SR NO. 72156 OF 2024
M/s. Catalyst Trusteeship Limited
(Formerly GDA Trusteeship Ltd.), Ganapathy
Colony II Street, Teynampet, Ch - 18.
..Appellant(s)
Vs
1. 63 Moons Technologies Limited
(FORMERLY KNOWN AS FINANCIAL
TECHNOLOGIES (INDIA) LTD,
Rep.by its Authorized Signatory Mr.D.Jehn
Dheepak, having its registered office at Sakthi
Tower-1, 7th Floor, E-766, Anna Salai,
Thousand Lights, Chennai 600 002
2. M/s. Wadhwan Global Capital Limited
Ground Floor, Madhava Building, Near Family
Court, Bandra (East) Mumbai 400 051 also at
10th Floor, TCG Financial Center, BKC Road,
Mumbai 400 098
3. Kapil Rejeshkumar Wadhawan
FORMER CHAIRMAN AND MANAGING
DIRECTOR DHFL,
at the relevant time, office at Warden House,
2nd floor, Sir PM Road, Fort, Mumbai residing
at 22/23, Sea view Palace, Pali Hill, Bandra
(West) Mumbai
4. Dheeraj Rajeshkumar Wadhawan
Former Director, DHFL at the relevant time,
having office at Warden House, 2nd floor, Sir
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CMP No. 14020 of 2024
PM Road, Fort, Mumbai residing at 22/23, Sea
view Palace, Pali Hill, Bandra (West) Mumbai
5. Harshil Mehta
Former CEO, DHFL, Warden House, 2nd
Floor, Sir P M Road, Fort, Mumbai 400001.
6. Santosh Sharma
Former Chief Financial Officer, DHFL, Warden
House, 2nd Floor, Sir P M Road, Fort, Mumbai
400001.
7. M/s. Credit Analysis and Research Ltd.,
No.O-509/C, Spencer Plaza, 5th Floor, No.769,
Anna Salai, Ch - 2.
8. M/s. Brickworks Ratings India Pvt Ltd.,
2nd Floor,B Wing, Swelect House, No 5, Sir
P.S Sivasamy Salai, Mylapore, Ch - 4.
9. M/s. Chaturvedi and Shah
Chartered Accountants, A partnership firm
registered under the provisions of the Indian
Partnership Act 1932, 714 - 715, Tulsiani
Chambers, 212, Nariman Point, Mumbai -
400021.
10.M/s. T.R. Chadha and Co.LLP
50, 5 th Floor, Mount Chambers, 758, Anna
Salai, Chennai 2.
11.M/s. Rajendra Neeti and Assocaites
A partnership firm registered under the
provisions of the Indian Partnership Act,1932.
144, Jolly Maker Chamber II, Nariman Point,
Mumbai 400021.
12.M/s. Union Bank of India
No.29, Sardar Patel Road, 1st Floor, Adyar, Ch
- 20.
13.M/s. Doit Talent Ventures (India) Pvt Ltd.,
15 Floor Tower 2A, One Indiabulls Centre S B
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CMP No. 14020 of 2024
Marg, Lower Parel, Mumbai - 400013.
14.M/s. Sunbling Real Estate Pvt Ltd.,
502, Madhava, Plot No.C-4, E Block, BKC,
Bandra (East), Mumbai - 400051..
15.M/s RKW Developers Pvt Ltd.,
HDIL Towers, 4th Floor, Anand Kanekar Marg,
Bandra (East), Mumbai - 400051.
..Respondent(s)
OSA(CAD) SR No. 60375 of 2024
CNR:{HCMA010847012024}
Catalyst Trusteeship Limited
..Petitioner (s)
Vs
63 Moons Technologies Limited
..Respondent(s)
CMP No. 14028 of 2024
Catalyst Trusteeship Limited
(Formerly GDA Trusteeship Ltd.), Ganapathy
Colony III Street, Teynampet, Ch - 18.
..Petitioner (s)
Vs
1. 63 Moons Technologies Limited
(FORMERLY KNOWN AS FINANCIAL
TECHNOLOGIES (INDIA) LTD,
Rep.by its Authorized Signatory Mr.D.Jehn
Dheepak, having its registered office at Sakthi
Tower-1, 7th Floor, E-766, Anna Salai,
Thousand Lights, Chennai 600 002
2. M/s. Wadhwan Global Capital Limited
Ground Floor, Madhava Building, Near Family
Court, Bandra (East) Mumbai 400 051 also at
10th Floor, TCG Financial Center, BKC Road,
Mumbai 400 098
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CMP No. 14020 of 2024
3. Kapil Rejeshkumar Wadhawan
FORMER CHAIRMAN AND MANAGING
DIRECTOR DHFL,
at the relevant time, office at Warden House,
2nd floor, Sir PM Road, Fort, Mumbai residing
at 22/23, Sea view Palace, Pali Hill, Bandra
(West) Mumbai
4. Dheeraj Rajeshkumar Wadhawan
Former Director, DHFL at the relevant time,
having office at Warden House, 2nd floor, Sir
PM Road, Fort, Mumbai residing at 22/23, Sea
view Palace, Pali Hill, Bandra (West) Mumbai
5. Harshil Mehta
Former CEO, DHFL, Warden House, 2nd
Floor, Sir P M Road, Fort, Mumbai 400001.
6. Santosh Sharma
Former Chief Financial Officer, DHFL, Warden
House, 2nd Floor, Sir P M Road, Fort, Mumbai
400001.
7. M/s. Credit Analysis and Research Ltd.,
No.O-509/C, Spencer Plaza, 5th Floor, No.769,
Anna Salai, Ch - 2.
8. M/s. Brickworks Ratings India Pvt Ltd.,
2nd Floor,B Wing, Swelect House, No 5, Sir
P.S Sivasamy Salai, Mylapore, Ch - 4.
9. M/s. Chaturvedi and Shah
Chartered Accountants, A partnership firm
registered under the provisions of the Indian
Partnership Act 1932, 714 - 715, Tulsiani
Chambers, 212, Nariman Point, Mumbai -
400021.
10.M/s. T.R. Chadha and Co.LLP
50, 5 th Floor, Mount Chambers, 758, Anna
Salai, Chennai 2.
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CMP No. 14020 of 2024
11.M/s. Rajendra Neeti and Assocaites
A partnership firm registered under the
provisions of the Indian Partnership Act,1932.
144, Jolly Maker Chamber II, Nariman Point,
Mumbai 400021.
12.M/s. Union Bank of India
No.29, Sardar Patel Road, 1st Floor, Adyar, Ch
- 20.
13.M/s. Doit Talent Ventures (India) Pvt Ltd.,
15 Floor Tower 2A, One Indiabulls Centre S B
Marg, Lower Parel, Mumbai - 400013.
14.M/s. Sunbling Real Estate Pvt Ltd.,
502, Madhava, Plot No.C-4, E Block, BKC,
Bandra (East), Mumbai - 400051..
15.M/s RKW Developers Pvt Ltd.,
HDIL Towers, 4th Floor, Anand Kanekar Marg,
Bandra (East), Mumbai - 400051.
..Respondent(s)
OSA(CAD) SR No. 72156 of 2024
CNR:{HCMA011024432024}
Catalyst Trusteeship Limited
..Petitioner (s)
Vs
63 Moons Technologies Limited
..Respondent(s)
CMP No. 14020 of 2024 has been filed to condone the delay of 442 days in
filing appeal against the common order dated 1.2.2023 passed in A No.1433 of
2020 in CS (Comm) No.154 of 2020.
CMP No. 14028 of 2024 has been filed to condone the delay of 442 days in
filing appeal against the common order dated 1.2.2023 passed in OA No.230 of
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CMP No. 14020 of 2024
2020 in CS (Comm) No.154 of 2020
OSA.(CAD).SR.No.60375 of 2024 has been filed under Section 13 of
Commercial Courts Act, 2015 read with Order XXXVI Rule 9 of OS Rules read
with Clause 15 of Letters Patent to set aside the order dated 01.02.2023 in
O.A.No.230 of 2020 in CS(Comm).No.154 of 2020
OSA.(CAD).SR.No.72156 of 2024 has been filed under Section 13 of
Commercial Courts Act, 2015 read with Order XXXVI Rule 9 of OS Rules read
with Clause 15 of Letters Patent to set aside the order dated 01.02.2023 in
A.No.1433 of 2020 in CS(Comm).No.154 of 2020
In both CMPs
For Petitioner(s): Mr.Srinivasan M.D.
For Respondent(s): Mr.Nithyaesh R.Nataraj
for M/s.Vaibhav R.Venkatesh for R1
Ms.Madhupreetha Elango for R7
Mr.Adarash Subramanian for R9
Mr.Rahul Balaji for R10
COMMON ORDER
(Order of the Court was made by N.Sathish Kumar J.)
These petitions have been filed to condone the delay in filing the appeals
against the common order dated 01.02.2023 passed in A No.1433 of 2020 and
O.A.No.230 of 2020 in CS (Comm) No.154 of 2020.
2. The reasons assigned in these petitions is to the effect that they have
entered appearance on 04.08.2020 through their erstwhile counsel, however, the
counsel has not filed counter and the further proceedings have not been
informed to them, therefore, there was a huge delay and only when the new
counsel filed application to receive the copy of all the documents in the case,
they came to know about the order. Hence, such delay.
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CMP No. 14020 of 2024
3. The learned counsel for the petitioner submitted that the delay is
neither wilful nor wanton, due to the erstwhile counsel inaction the delay has
occurred, therefore, seeks for allowing these petitions.
4. Heard the learned counsel for the petitioner and the learned counsel for
respondents 1, 7, 9 and 10 and perused the materials placed on record.
5. Though sufficient cause normally receives a liberal approach to
advance substantial justice, the fact remains that for such a liberal approach to
be taken, there must be justified reasons assigned in the affidavit and there must
be some materials to show that the delay is actually beyond the control of the
party. The very allegations in the affidavit itself indicate that having entrusted
the matter to the counsel in the year 2020, the petitioner has not followed the
case properly. We are of the view that merely entrusting the matter to the
lawyer, the job of the litigant will not be over, litigation should diligently follow
the case and now, it has become fashion to accuse the counsel for any delay. It
is for the litigant to follow the case diligently and make enquiry then and there
with the counsel, therefore, merely entrusting the matter to the counsel will not
absolve the litigant of the responsibility. Hence, this Court is not satisfied with
the reasons assigned. In this regard, it is relevant to note that the Hon'ble
Supreme Court in the case of Salil Dutta vs T.M. & M.C. Private Ltd. , reported
in (1993) 2 SCC 185 has held as follows:
“8. The advocate is the agent of the party. His acts and statements,
made within the limits of authority given to him, are the acts and
statements of the principal i.e. the party who engage him. It is true
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CMP No. 14020 of 2024
that in certain situations, the court may, in the interest of justice,
set aside a dismissal order or an ex parte decree notwithstanding
the negligence and/or misdemeanour of the advocate where it finds
that the client was an innocent litigant but there is no such
absolute rule that a party can disown its advocate at any time and
seek relief. No such absolute immunity can be recognized. Such an
absolute rule would make the working of the system extremely
difficult. The observations made in Rafiq [(1981) 2 SCC 788 : AIR
19821 SC 1400] must not be understood as an absolute
proposition. As we have mentioned hereinabove, this was an on-
going suit posted for final hearing after a lapse of seven years of its
institution. It was not a second appeal filed by a villager residing
away from the city, where the court is located. The defendant is
also not a rustic ignorant villager but a private limited company
with its head office at Calcutta itself and managed by educated
businessmen who know where their interest lies. It is evident that
when their applications were not deposed of before taking up the
suit for final hearing they felt piqued and refused to appear before
the court. May be, it was part of their delaying tactics as alleged by
the plaintiff. May be not. But one thing is clear they chose to non-
cooperate with the court. Having adopted such a stand towards the
court, the defendant has no right to ask its indulgence. Putting the
entire blame upon the advocate and trying to make it out as if they
were totally unaware of the nature or significance of the
proceedings is a theory which cannot be accepted and ought not to
have been accepted.”
(Emphasis supplied)
6. Furthermore, the affidavit itself indicate that the earlier counsel had
contacted that petitioner on 21.01.2021 and informed that the matter would be
listed on 10.02.2021 and thereafter, impugned order has been passed after two
years, i.e., on 01.02.2023; even then the petitioner has not followed the case
properly, therefore, we are of the view that the reckless allegations against the
counsel without any substance cannot be accepted and the delay cannot be
condoned as a matter of right.
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CMP No. 14020 of 2024
7. In view of the foregoing, we do not find any merits in these petitions
and these petitions are dismissed. Consequently, the original side appeals stand
rejected. No costs.
(N.S.K.,J.) (G.K.M.,J.)
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
dhk
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CMP No. 14020 of 2024
N.SATHISH KUMAR J.
AND
GK.MUTHUKUMAAR J.
dhk
CMP No. 14020 of 2024
AND
OSA(CAD) SR NO. 60375 OF 2024,CMP NO. 14028 OF 2024,OSA(CAD)
SR NO. 72156 OF 2024
28-10-2026
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