L And T Finance Limited v. M/S. Saumya Mining Ltd And ANR And The Court Receiver (Respondent)

Nitin 1 / 1 923-CHS-455-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 455 OF 2016 IN ARBITRATION PETITION NO. 341 OF 2014 L & T Finance Limited ...

Applicant / Petitioner

Versus

M/s. Saumya Mining Limited and Ors.

...

Respondents Ms. S.I. Joshi i/b. S.I. Joshi and Company for the Applicant / Petitioner. Ms. Trupti Y. Katale i/b. Rohit Das and Associates for Respondent Nos. 1 and 2. Mr. S. Deshpande, Court Receiver, present.

CORAM : S.J. KATHAWALLA, J.

DATED : 15 TH MARCH, 2016 P.C. :

1.

The machinery was returned by Defendant No. 1 to the Applicant / Petitioner on 21 st March, 2015. In view of the order passed by this Court dated 30th January, 2015, the Court Receiver stood discharged on and from 16 th March, 2015.

The Court Receiver shall after deducting his costs, charges and expenses including commission, handover the balance amount received by him towards royalty to the Applicant / Petitioner on an undertaking that the Applicant / Petitioner shall bring back the same, if so directed by the Court in future. 2.

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