Encore Asset Reconstruction Company Private Limied v. Bajaj Finance Limited And 2 ORS

19_IA_1530_22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1530 OF 2022 Encore Asset Reconstruction Company Private Limited ...

Applicant In the matter between:

Bajaj Finance Limited ...

Claimant vs.

Minal Tukaram Kamble and another ...

Respondents IN COMMERCIAL EXECUTION APPLICATION (LODGING) NO. 1364 OF 2019 Mr. Archit Virmani a/w. Ms. Dhvani Jain for applicant. CORAM : MANISH PITALE, J DATE : 23rd JUNE, 2023 P.C. :

.

The respondents have been served and the affidavit of service is ready. The same be filed within one week from today. 2.

By this application, the applicant prays for being substituted in place of the original execution applicant i.e. the claimant in the aforesaid proceedings and a consequent declaration be granted that the applicant is entitled to execute the award as an assignee of the original claimant. 3.

At Exhibit B to the application is a copy of assignment agreement, whereby the original claimant Bajaj Finance Limited assigned the aforesaid debt in favour of the applicant - Encore Asset Reconstruction Company Private Limited. Assignment agreement is dated 29.12.2020 and the schedule Digitally signed by PRIYA KAMBLI Date:

2023.06.26 11:18:01 +0530 to the said agreement specifically refers to the present proceedings initiated PRIYA KAMBLI by the original claimant for execution of the award against the award debtor. 1/2

19_IA_1530_22.doc 4.

This Court is satisfied that the present application can be allowed, in the interest of justice.

5.

Accordingly, the application is allowed in terms of prayer clause (a), with the result that the applicant shall now stand substituted in place of the execution applicant (original claimant).

6.

Amendment be carried out within two weeks from today. (MANISH PITALE, J) Priya Kambli 2/2