L And T Finance Limited, v. Mr. Shekhar Chandrakar (Borrower) And The Court Receiver H.C 5bombay.

912APPL464.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 464 OF 2015 L & T Finance Limited ..

Appellant

Versus

Shekhar Chandrakar & Anr.

..

Respondents Mr. Anand Poojari a/w Ms. Shakuntala Joshi i/b S.I. Joshi & Co., for the appellant.

Mr. A. B. Malvankar, Section Officer, Court Receiver, present. CORAM:- MOHIT S. SHAH,C.J. & A. K. MENON, J.

DATED : - 14TH JULY, 2015 P.C.

This appeal is directed against the order dated 5 May, 2015 of the learned Single Judge, permitting the Court Receiver to sell the hypothecated vehicle by inviting bids. The learned counsel for the appellant submits that the learned Single Judge ought to have permitted the appellant to sell the hypothecated vehicle by private sale as the sale procedure of the Court Receiver will take considerably long time.

The representative of the Court Receiver states that a meeting was held on 8 July 2015 when nobody appeared for the appellant - Finance Company. The learned counsel for the appellant does not admit that the appellant was served with any such notice.

912APPL464.15 Without going into the controversy, we record the statement of the representative of the Court Receiver that the next meeting will be held on 23 July 2015 at 12.30 p.m. in the office of the Court Receiver.

We are, therefore, of the view that nothing further is required to be done in this appeal except to direct the Court Receiver to expedite the process of selling the hypothecated vehicle after inviting bids.

Apart from publication in newspapers the advertisement will also be displayed on the website of the High Court.

The appeal stands disposed of.

CHIE JUSTICE (A. K. MENON, J.) md.saleem