Tata Capital Housing Finance Limited v. Mr. M. Ravishankar And Another And The Court Receiver

913-CHS1378-16.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1378 OF 2016 IN ARBITRATION PETITION NO. 1440 OF 2014 Tata Capital Housing Finance Ltd

...Petitioner

Versus

M Ravishankar & Anr

...Respondents

Mr Jay Vakil, i/b MDP Partners, for the Petitioner. Mrs Kavita Ambekar, Ist Assistant to the Court Receiver, is present.

CORAM: G.S. PATEL, J DATED:

18th April 2017 PC:- 1.

Heard. The Chamber Summons is for discharge of the Court Receiver and for return of possession of the property to the Petitioner. The Affidavit in Support of the Chamber Summons indicates that since the Petitioner has now been notified as a financial institution under the SARFAESI Act, it has proceeded under that Act to recover its outstanding dues. Notice under Section 13(2) of the SARFAESI Act has already been issued on 12th January 2016.

18th April 2017

913-CHS1378-16.DOC 2.

The Chamber Summons is made absolute in terms of prayer clause (a).

3.

The Court Receiver stands discharged without passing accounts. His costs, charges and expenses will be paid by the Petitioners within two weeks from today.

4.

The immovable property of which the Court Receiver has taken possession will be delivered to the Petitioner. 5.

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

(G. S. PATEL, J.) 18th April 2017