Citicorp Finance (India) Lted. v. Paramjit Kaur T Gill And 3 ORS

60-CHS431-17.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.431 OF 2017 IN EXECUTION APPLICATION NO.1906 OF 2015 IN ARBITRATION NO.180 OF 2010 Citicorp Finance (India) Ltd ...Applicant/ Plaintiff

Versus

Paramjit Kaur T Gill & Ors ...Defendants Mr Sandesh Godse, with Ms S Pednekar, i/b Vivek Patil & Asso, for the Applicant/Plaintiff.

CORAM: G.S. PATEL, J DATED:

25th May 2017 PC:- 1.

The Receiver in Execution Application sold an immovable property that is a security for a loan granted by the Plaintiff. The claim amount is Rs.14,36,486/-. The Plaintiff seeks that it be permitted to withdraw this amount from the sale proceeds of the flat now in the hands of the Court Receiver.

25th May 2017

60-CHS431-17.DOC 2.

The Chamber Summons is made absolute in terms of prayer clauses (a) and (b), which read as follows:

(a) The Claimant be permitted to withdraw the Claim amount deposited in the Court Receiver, High Court, Bombay, by Respondent No.4, immediately.

(b) The Court Receiver, High Court, Bombay be discharged on passing of accounts on deducting cost, charges and expenses if any, by the Petitioner, from the sale proceeds.

3.

It is clarified that the Plaintiff is permitted to withdraw the amount of Rs.14,36,486/-.

4.

The Chamber Summons is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 25th May 2017