Kotak Mahindra Bank Ltd v. R. K. Holdings India

10_IA1577_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1577 OF 2023 IN EXECUTION APPLICATION (L) NO.381 OF 2009 Kotak Mahindra Bank Limited ...

Applicant In the matter between:

L & T Finance Limited ...

Plaintiff Vs.

R. K. Holdings India and others ...

Defendants Ms. Nikita Pawar a/w. Ms. Nehal Deshmukh i/b. S. I. Joshi & Co. for Applicant. CORAM : MANISH PITALE, J.

DATE : JULY 04, 2023 P.C. :

By this application, the applicant seeks substitution in place of the original plaintiff and the decree-holder. It is submitted that the debt in the present case was assigned by the original plaintiff in favour of the applicant as per deed of assignment dated 29.03.2019. A copy of the deed of assignment is tendered. The same is taken on record and marked 'X'. At page 23 of the said document, specific reference is made to defendant No.1 i.e. R. K. Holdings India, indicating that the debt pertaining to the present proceedings is assigned in favour of the applicant.

2.

Sufficient ground is made out for allowing the present application.

3.

In view of the above, the application is allowed in terms of prayer clauses (a) and (b). The consequential amendments be carried out within two weeks from today.

(MANISH PITALE, J.) by MINAL SANDIP PARAB Date:

2023.07.06 16:57:00 +0530 MINAL SANDIP PARAB 1/1 Minal Parab