Tata Capital Financial Services Limited v. Dixit Infrastructure Enterprises And Varsh Dixit And The Court Receiver High Court

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 74 OF 2017 IN ARBITRATION PETITION NO. 1276 OF 2015 Tata Capital Financial Services Ltd ...Applicant

Versus

Lal Krishna Yadav & Anr

...Respondents

WITH CHAMBER SUMMONS NO. 75 OF 2017 IN ARBITRATION PETITION NO. 1385 OF 2015 Tata Capital Financial Services Ltd ...Applicant

Versus

Dixit Infrastructure Enterprises & Anr

...Respondents

WITH CHAMBER SUMMONS NO. 264 OF 2017 IN ARBITRATION PETITION NO. 403 OF 2015 Tata Capital Financial Services Ltd ...Applicant

Versus

Vishal Auti & Anr

...Respondents

WITH

CHAMBER SUMMONS NO. 60 OF 2017 IN ARBITRATION PETITION NO. 1380 OF 2015 Tata Capital Financial Services Ltd

Versus

Dixit Infrastructure Enterprises & Anr Mr Nikhil Mehta, i/b KMC Legal Venture, for the Applicants.

Mr A Tamannawar, Section Officer of Court Receiver present. CORAM: G.S. PATEL, J DATED:

PC:- 1.

These are four Chamber Summonses by the Petitioners . The Arbitration Petitions themselves are already disposed of. In all four matters the Applicants have obtained awards. They have also filed Execution Applications which are, correspondingly , EA 916 of 2017, EA 917 of 2017, EA 915 of 2017 and EA 918 of 2017. 2.

A Receiver was appointed in the Arbitration Petitions under Section 9. I cannot possibly order sale of the hypothecated assets by way of this Chamber Summons in a disposed of Section 9 Petition while there are pending execution applications. I will, however, continue the Receiver appointed in each one of these till such time as an order discharging the Receiver is made in the corresponding Execution Applications.

3.

The Chamber Summonses are disposed of in these terms with liberty to the Plaintiffs to apply for an order of sale in the Execution Application.

(G. S. PATEL, J.)