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Bombay High CourtCHS/127/2013dismissed

L And T Finance Limited v. Mr.Subhash Vitthal Garje,And ANR

2019-01-24Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 chs-127-13(37).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.127 OF 2013 IN EXECUTION APPLICATION (L) NO.986 OF 2012 L & T Finance Ltd ..Claimant/Applicant Vs.

Mr. Subhash Vitthal Garje & Anr ..Respondents Ms Jalpa Pitadia a/w Ms Nikita Pawar I/b S. I. Joshi & Co. for Claimant/ Applicant None for Respondents CORAM : K.R.SHRIRAM, J.

DATE : 24th JANUARY, 2019 P.C.:

Ms Pitadia states that defendant no.1 has expired and seeks leave to delete defendant no.1. Leave granted. Amendment to be carried out within two weeks.

As far as defendant no.2 is concerned, counsel states that defendant no.2 is yet to be served and they are still searching for the address of defendant no.2. Applicant is seeking execution of award that came to be passed on 29th September, 2010 and this execution application has been lodged in 2012 and chamber summons taken out in 2013. Till date defendant no.2 has not been served.

Meera Jadhav

2/2 chs-127-13(37).doc Therefore, chamber summons as well as execution application dismissed.

Liberty granted to applicant to file execution application as and when they find out the whereabouts of defendant no.2, whose rights and contentions are also kept open.

(K.R. SHRIRAM, J.) Meera Jadhav