L And T Finance Ltd. v. M/S Bullet Battery Co. Through Its Prop. Mr. Sankar Mondal And ANR.

CHS.17/13-EXAL.18/13ARB.229/12-CHS>45/2013-CHS.175/2013(903) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 17 OF 2013 IN EXECUTION APPLICATION (L) NO. 18 OF 2013 IN ARBITRATION NO. 230 OF 2012 ALONG WITH CHAMBER SUMMONS NO. 45 OF 2013 IN EXECUTION APPLICATION (L) NO. 1878 OF 2012 IN ARBITRATION NO. 230 OF 2012 ALONG WITH CHAMBER SUMMONS NO. 175 OF 2013 IN EXECUTION APPLICATION (L) NO. 108 OF 2013 IN ARBITRATION NO. 228 OF 2012 L & T Finance Limited ...Plaintiff Vs.

M/s Bullet Battery Co. & Ors.

Proprietor Mr. Sankar Mondal ...Defendants Ms. S.I. Joshi i/b. S.I. Joshi & Co. for the Plaintiff Mr. Priten P. Killedar with Mr. S. Sarkar i/b. Priten P. Killedar & Co., for the Defendant No.1 CORAM : MRS. ROSHAN DALVI, J.

DATED : 8TH APRIL, 2015

CHS.17/13-EXAL.18/13ARB.229/12-CHS>45/2013-CHS.175/2013(903) P.C. :

1.

The defendant No.1 / award debtor No.1 has submitted a list of 6 movable and immovable properties along with the valuation of the properties. The valuation is not accepted by the plaintiff / award holder. The valuation would have to be determined and the actual valuation as on the sale would have to be considered. Defendant No.1 / award holder No. 1 shall not deal with, dispose off, alienate, encumber, part with possession, transfer or create any 3rd party rights in any of the properties listed in the list of properties submitted by award debtor No.1 / defendant No.1.

2.

Precept is issued in terms of prayer (i) of the chamber summons in respect of the 5 immovable properties listed in the list of properties.

3.

In view of the aforesaid list of properties further disclosure is not required.

4.

The non-bailable warrant stands cancelled. The award debtor No.1 / defendant No.1 shall be released forthwith. 5.

Chamber summons are disposed off accordingly. (ROSHAN DALVI, J.)