Tata Capital Financial Services Limited v. R.P.K.Jaykumar And Suja

sg nms1329-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1329 OF 2016 IN ARBITRATION PETITION NO.344 OF 2015 R.P.K. Jeykumar And Anr.

...Applicants

IN THE MATTER BETWEEN

Tata Capital Financial Services Limited ....Petitioner vs R.P.K. Jeykumar And Anr.

...Respondents

.....

Mr. Nikhil Mehta, i/b. KMC Legal, for the Petitioner in ARBP/344/15. Mr. Amit G. Dubey, i/b. Mr. Ashok M. Saraogi, for the Applicant/Original Respondent No.1.

Mr. Gajanan G. Surve, Assistant Section Officer Court Receiver's Office. ......

CORAM : S.C. GUPTE, J.

DATED: 27 MARCH 2019 P.C.:

.

This notice of motion seeks recall of an order appointing Court Receiver in an arbitration petition. There is a delay of 197 days in filing the notice of motion. A prayer is made for condonation of that delay. It transpires from an order passed by this Court on 15 March 2017 on a chamber summons in the arbitration petition that the order appointing the receiver has been vacated and the Receiver has been Pg 1 of 2

sg nms1329-16.doc discharged without passing accounts. Since the receiver already stands discharged, the present notice of motion has become infructuous and is disposed of as such after condoning the delay. ( S.C. GUPTE, J. ) Pg 2 of 2