L And T Finance Limited v.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1297 OF 2020 IN COMMERCIAL EXECUTION NO.52 OF 2018 Kotak Mahindra Bank Ltd.

.. Applicant In the matter between L & T Finance Ltd.

.. Plaintiff v/s.

M/s. Jaihind Projects Pvt. Ltd. & Ors.

.. Defendants Ms. Nikita Pawar a/w Jalpa Pithadia i/b. S.J. Joshi & Co. for the applicant. None for the defendants.

Mrs. Priti Pawshe, representative of Court Receiver. CORAM : A. K. MENON, J.

ST JANUARY, 2021.

DATED : 21 P.C. :

1. The learned counsel for the applicant seeks to substitute the name of original plaintiff with that of the applicant in view of the Assignment Deed dated 29 th March, 2019 Exhibit 'A' to the application. She submits that defendant nos.1 to 3 have been served and that the affidavits of service have been filed. She further states that as far as defendant nos.4 to 8 are concerned, 1/2 25.ia-1297-20.doc wadhwa

although service was attempted, the postal authorities have returned the packets with the remarks "left" and that the affidavit of such attempt to serve has already been filed.

2. Considering the nature of the relief sought, I am of the view that it is liable to be allowed.

3. In view thereof, I pass the following order; (i) IA is allowed in terms of prayer clauses (a) and (b). (ii) Amendment to be carried out within two weeks of uploading this order. Re-verification is dispensed with. (iii) IA is disposed in the above terms.

(A. K. MENON, J.) Digitally signed by Sandhya Wadhwa Date:

2021.01.22 17:07:28 +0530 Sandhya Wadhwa 2/2 25.ia-1297-20.doc wadhwa