Cfm Asset Reconstruction Pvt Ltd v. Xander Finance Pvt.Ltd. And 38 ORS

KVM 1/2 10 - IA 343 OF 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2022.01.12 16:44:00 +0530 INTERIM APPLICATION NO.343 OF 2021 IN APPEAL NO.421 OF 2019 IN SUIT NO. 1082 OF 2018 CFM Asset Reconstruction Pvt. Ltd.

..... Applicant / Appellant

IN THE MATTER BETWEEN

Xander Finance Pvt. Ltd.

..... Appellant

VERSUS

Rup Krishen Baqaya & Ors.

..... Respondents Mr.Rohit Gupta with Mr. Suvaankoor Das i/b M/s.Krishnamurthy & co. for the Applicant / Appellant.

Mr.Karl Tramboly with Ms.Alaya Khan and Ms.Tanishka Desai for the Respondent No.24.

CORAM: R. D. DHANUKA AND S.M.MODAK, JJ.

DATE : 11th JANUARY, 2022 (Through Video Conference) P.C:- Mr. Gupta, learned counsel appearing for the appellant states that all the respondents are served. Statement is accepted. Except respondent no.24, other respondents are absent. No affidavit in reply is filed.

KVM 2/2 10 - IA 343 OF 2021.doc 2.

By this interim application, the applicant seeks amendment in the memo of appeal according to the schedule appended to the interim application. The applicant is an asset reconstruction company and claims to have been assigned rights by the appellant vide Deed of Assignment dated 20th February, 2020 for consideration. 3.

For the reasons recorded in the interim application, interim application is made absolute in terms of prayer clause (a). No order as to costs.

4.

Amendment to be carried out within two weeks from today. Thereafter the amendment also shall be carried out in the copy supplied to the respondents simultaneously.

[S.M.MODAK, J.] [R.D.DHANUKA, J.]