L And T Finance Limited v. M/S Atharva Infrastructure And 3 ORS

sat 1/2 chs 264-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 264 OF 2016 IN ARBITRATION PETITION NO. 533 OF 2013 L & T Finance Ltd.

...Applicant/Petitioner vs M/s.Atharva Infrastructure & Ors.

...Respondents

Ms.Jalpa Pithadia I/b. S.I. Joshi & Co. for Applicant. CORAM : S.C.GUPTE, J.

DATE : 5 MARCH 2019 P.C. :

This chamber summons seeks discharge of a Court Receiver appointed in an arbitration petition, filed under Section 9 of the Arbitration and Conciliation Act, 1996, with liberty to the Petitioner to dispose of the suit equipments of which Receiver was appointed and adjust the sale proceeds towards the dues owed by the Respondents. Learned Counsel for the Petitioner submits that since the filing of the present petition the disputes between the parties have been settled; the Petitioner does not claim any order in respect of the suit equipments and accordingly, the Court Receiver may be discharged and the equipments may be returned to the Petitioner.

Accordingly, the chamber summons is made absolute in terms of prayer clause (a). The Court Receiver is directed to return the equipments referred to in prayer clause (a) to the Petitioner. The Court

sat 2/2 chs 264-2016.doc Receiver's costs, charges and expenses shall be borne by the Petitioner. The Petitioner shall pay such costs, charges and expenses within three weeks of the Receiver communicating the same to the Petitioner. The chamber summons, accordingly, is disposed of. (S.C. GUPTE, J.)