L And T Finance Limited, v. Mr.Shekhar Chandrakar (Borrower) And ANR

chs 796 of 2016 (913).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.796 OF 2016 IN ARBITRATION PETITION NO.836 OF 2014 L and T Finance Limited ...

Applicant/Plaintiff versus Shekhar Chandrakar and Anr.

...

Defendants Ms. S.I.Joshi with Ms. Nikita Pawar i/by M/s. S.I.Joshi and Co., for Applicant. Ms. Pooja Bhaidkar, 2 nd Assistant to Court Receiver, present.

CORAM: S.J. KATHAWALLA, J.

DATE: 10th JUNE, 2016 P.C.:

1.

Perused the Chamber Summons and the Affidavit in support thereto. For reasons set out in the Affidavit in support of the Chamber Summons, the Chamber Summons is allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder :

"(a) the Court Receiver High Court, Bombay be discharged in respect of suit vehicle as more particularly described in Exhibit D to the Petition without passing of accounts and on payment of costs, charges and expenses, if any, by the Petitioner; (b)that the Petitioner be permitted to sell the suit vehicle as more particularly described in Exhibit D to the Petition by private treaty by calling the bids to the highest bidder and sale proceeds be allowed to be adjusted towards the dues due from the Respondent"; ssp 1/2

chs 796 of 2016 (913).sxw 2.

The Chamber Summons is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2