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Bombay High CourtCHS/137/2018disposed off

Tata Capital Financial Service Ltd Formerly Tata Capital Ltd v. M D Material Handling Service Pvt Ltd And 3 ORS And Court Receiver, High Court, Bombay (Respondent)

2018-08-28Hon'Ble Shri Justice S.J. Kathawalla1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.137 OF 2018 IN ARBITRATION PETITION NO.605 OF 2014 TATA CAPITAL FINANCIAL SERVICES LTD ....PETITIONER V/S M.D MATERIAL HANDLING SERVICES (P) LTD & ORS ...RESPONDENTS AND THE COURT RECEIVER HIGH COURT, BOMBAY ...RESPONDENT NO:3 Mr. Nikhil Mehta I/by M/s. KMC legal Ventures, for Applicant. None for the Respondents.

CORAM: S.J. KATHAWALLA, J.

DATE: 28th August 2018 P.C.:

1. The Learned Advocate for the Petitioner states that an Affidavit of Service has already been filed in Court showing that the Respondent No:1, who is the principal borrower of the Loan has been served.

2. Perused the above Chamber Summons and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Chamber Summons, the same is allowed in terms of prayer clauses (a) and (b). The Court Receiver, High Court, Bombay, appointed by order dated 6th March 2014 stands discharged without passing accounts but subject to payment of his costs, charges and expenses within a period of two weeks from the date of such communication by the Court Receiver to the Advocates for the Petitioner.

3. The above Chamber Summons is accordingly disposed off. ( S.J.KATHAWALLA, J. )