L And T Finance Limited v. Rupali W/O. Umesh Sharma And ANR.

27.268.13-chs FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.268/2013 IN EXECUTION APPLICATION NO.996/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Priya Rita i/b. Disha Karambar & Associates for the Applicant Mr. M. M. Agavekar for Defendant No.2.

CORAM : K. K. TATED, J.

DATE : DECEMBER 6, 2017 P.C.:

1.

Heard. The learned counsel for the Applicant submits that she has received instructions from her client to withdraw the Chamber Summons against respondent No.1. To that effect, she has given in writing. Same is taken on record and marked "X" for identification.

2.

The learned counsel for the plaintiff submits that respondent No.2 has filed affidavit dated 23.09.2015 disclosing his property and source of income. She submits that in view of paragraph 1 of the Affidavit-in-Reply filed by respondent No.2 they have decided to file an appropriate application in the Registry for transfer of decree to appropriate Basavraj G Patil 1/2

27.268.13-chs court in Uttar Pradesh for execution of the decree. 3.

In view of these facts, following order is passed:

a.

The Chamber Summons stands disposed of as withdrawn against respondent No.1.

b.

The plaintiff to file appropriate application for transfer of decree to the concerned court in Uttar Pradesh, in the Registry within eight weeks from today.

c.

If such an application is made within stipulated time as stated hereinabove, the Registry is directed to take appropriate steps for transfer of the decree to the concerned court in Uttar Pradesh for execution of decree, on compliance of all formalities by the plaintiff.

d.

Chamber Summons stands disposed of. No order as to costs.

JUDGE Basavraj G Patil 2/2