Kotak Mahindra Bank Ltd v. Santosh Maryappa Bhosale

(12)IA-1441-2023.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2023.12.11 19:00:09 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION RAJSHREE KISHOR MORE INTERIM APPLICATION NO.1441 OF 2023 IN EXECUTION APPLICATION NO.178 OF 2015 Kotak Mahindra Bank Limited ] ..

Applicant

IN THE MATTER BETWEEN

L & T Finance Ltd.

] ..

Plaintiff vs.

Santosh Maryappa Bhosale & Anr.

] ..

Defendants Ms.Nehal Deshmukh i/b S.I. Joshi & Co. for the Applicant. CORAM :

BHARATI DANGRE, J DATE :

11th December, 2023.

P.C.

1] The present Interim Application is taken out by Kotak Mahindra Bank Limited, seeking its substitution in place of L & T Finance Ltd. the original Plaintiff, in the wake of the Deed of Assignment dated 29.03.2019 in respect of the receivables with underlying security that came to be executed by L and T in its favour. 2] The application has set out relevant clauses of the Deed of Assignment and in the wake of the fact that all the debts/ receivables 1/2

(12)IA-1441-2023.doc have now been assigned to the Applicant by the original Plaintiff, the substitution is sought in Execution Application. The learned counsel has placed on record a copy of the Board Resolution dated 20.02.2023 alongwith the Deed of Assignment, which is taken on record.

3] In the wake of above, necessary amendment is permitted to be carried out, in terms of the schedule appended to the Interim Application, within a period of one week from today. Re-verification is dispensed with.

[BHARATI DANGRE, J] 2/2