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Bombay High CourtCHS/71/2014disposed off

Citicorp Finance (India) Ltd v. Prem Singh Keshar Singh Parmar (Borrower) And ANR

2015-10-17Hon'Ble Shri Justice R.D. Dhanuka2 pages

31-chs71-14 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.71 OF 2014 IN ARBITRATION PETITION NO.766 OF 2013 Citicorp Finance (India) Ltd.

...Applicant

IN THE MATTER BETWEEN :

Citicorp Finance (India) Ltd.

...Petitioner

V/s.

Prem Singh Parmar & Anr.

...Respondents

Ms.Sharayu Pednekar i/b Vivek Patil & Associates for the Applicant / Petitioner.

None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 17TH OCTOBER, 2015.

P.C. :- 1.

Learned counsel appearing for the applicant states that since the applicant could not locate the vehicle in question, the order of appointment of the Court Receiver could not be enforced and seeks discharge of the Court Receiver without passing of accounts. The Court Receiver is accordingly discharged however on payment of costs, charges and expenses, if any, by the applicant. Such charges shall be communicated by the office of the Court Receiver to the applicant / petitioner within four weeks from today and shall be paid 1/2

31-chs71-14 by the petitioner within two weeks from the date of communication of such charges. If there is any surplus amount lying with the office of the Court Receiver out of the amount deposited by the petitioner, the same shall be refunded to the petitioner by the office of the Court Receiver.

2.

The Court Receiver is discharged without passing accounts. Chamber summons is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2