Reliance Capital Limited v. Jitendra Umedbhi Patel (Borrower) And 2 ORS. And Reliance Home Finance Private Limited (Applicant)
chs 161 of 2018 .sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CHAMBER SUMMONS NO.161 OF 2018 IN ARBITRATION PETITION NO.32 OF 2017 Reliance Capital Ltd.
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Petitioner and Jitendra Umedbhai Patel and Ors.
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Respondents versus Reliance Home Finance Pvt. Ltd.
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Third Party Applicant/Intervener Mr. Chinmay Gupte i/by M/s. Mohit Gadkar and Co., for Third Party Applicant/Intervener.
Mr. Vivek Patil, for Petitioner.
None for Respondents.
CORAM: S.J. KATHAWALLA, J.
DATE: 1 st MARCH, 2018 P.C.:
1.
Not on board. Upon mentioning, taken on board. 2.
The above Chamber Summons is taken out by the Third Party Applicant - Reliance Home Finance Pvt. Ltd., seeking directions against the Court Receiver, High Court Bombay, to hand over possession of Bungalow Nos.22-A and 24-A, more particularly described in Schedule being Exhibit B and C to the Chamber Summons to the Third Party Applicant/Intervener. The Court Receiver has taken possession of the said bungalows pursuant to the order obtained by the Petitioner - Reliance Capital Ltd.
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chs 161 of 2018 .sxw 3.
The learned Advocate for the Petitioner states that he has no objection if the Chamber Summons is allowed. In view thereof, the above Chamber Summons is allowed in terms of prayer clause (a), which is reproduced hereunder : "(a)That this Hon'ble Court be pleased to direct the Office of the Ld. Court Receiver, High Court, to hand over the possession of the said Bungalow No.22-A and Bungalow No.24-A more particularly described in Schedule being Exhibit B and C to the Chamber Summons to the Third Party Applicant/Intervener i.e. Reliance Homes Finance Pvt. Ltd.
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4.
However, a copy of this order shall be forthwith served on the Respondents by Speed Post/Registered Post and by hand delivery by the Advocate for the Petitioner/Applicant. The Chamber Summons is accordingly disposed of. 5.
The Court Receiver is discharged without passing accounts, but upon payment of his costs, charges and expenses by the Petitioner. ( S.J.KATHAWALLA, J. ) ssp 2/2