Essel Finance Business Loans Ltd v. Shrishti Petroleum And 3 ORS And Kotak Mahindra Bank (Applicant)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION [ COMMERCIAL DIVISION ] INTERIM APPLICATION NO.2043 OF 2020 IN COMMERCIAL EXECUTION APPLICATION NO.2165 OF 2018 Kotak Mahindra Bank .. Applicant In the matter between Essel Finance Business Loans Ltd.

.. Claimant Vs.

Shrishti Petroleum & Ors.

.. Respondents Ms. Juhi Bhogle, i/by O.M. Gujar Law Chambers, for the Applicant. None for the Claimant.

None for the Respondents.

CORAM : A. K. MENON, J.

DATE : 12 TH JULY, 2021.

[THROUGH VIDEO CONFERENCE] P.C. :

1.

By this IA, the applicant seeks substitution of the name of the claimant. The applicant states that the bank has taken over the debt under a Deed of Assignment dated 29 th November 2019, copy of which is annexed at ExhibitA to the IA. In view thereof, learned counsel for the applicant states that the name of the original claimant be substituted with that of the applicant. On a query from the court, she states that attempts at service upon the respondents are failed since packets have come back undelivered. She undertakes to file affidavit-of-attempted service within two weeks from today. 1/2 16-IA-2043-2020.doc Dixit

2.

In view of the above and considering that the applicant only seeks substitution of the name of the claimant, I find no impediment in allowing this interim application. Accordingly, I pass the following order :- (i) Interim Application is allowed in terms of prayer clauses [a] and [b]. Amendment to be carried out within two weeks from today. Re-verification is dispensed with. (ii) IA is disposed in the above terms.

(A. K. MENON, J.) 2/2 16-IA-2043-2020.doc Dixit