Essel Finance Business Loans Ltd. v. Shah Oil Industries And 3 ORS And Kotak Mahindra Bank (Applicant)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2031 OF 2020 IN EXECUTION APPLICATION NO.276 OF 2018 Kotak Mahindra Bank .. Applicant In the matter between Essel Finance Business Loans Ltd.

.. Claimant (org.claimant/decree holder) v/s.

Shah Oil Industries & Ors.

.. Respondents Mr. M. B. Kale a/w Ms. Vidhi Maniar i/b. O M Gujar Law Chambers for the applicant.

CORAM : A. K. MENON, J.

TH JANUARY, 2021.

DATED : 18 P.C. :

1. By this interim application, the applicant seeks substitution of the applicant's name in place and stead of the original claimant. The claimant seeks to execute an award in its favour. The case of the applicant is that it has stepped into the shoes of the original claimant by virtue of an Assignment Agreement dated 29 th November, 2019 Exhibit A to the application. The learned counsel 1/2 12.ia-2031-20 in exa-276-18.doc wadhwa

for the applicant states that he has already served the IA upon the respondents. He undertakes to file affidavit of service.

2. Considering the request, I do not see any reason to refuse this application. Accordingly I pass the following order, (i) IA is made absolute in terms of prayer clauses (a) and (b). (ii) Amendment to be carried out within four weeks from today. (iii) All office objections to be complied within eight weeks from today failing which the execution application shall stand rejected without further reference to court.

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

2021.01.19 15:43:40 +0530 Sandhya Wadhwa 2/2 12.ia-2031-20 in exa-276-18.doc wadhwa