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Bombay High CourtCHS/1024/2017transfered to drt

Central Bank Of India v. Khandesh Spinning And Weaving Mills Co.Ltd And Court Receiver (Resp)

2018-08-28Hon'Ble Shri Justice K.R. Shriram2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1024 OF 2017 IN SUIT NO.1287 OF 1984 Khandesh Spinning and Weaving Mills Co. Ltd.

....Applicant

IN THE MATTER BETWEEN :

Central Bank of India ....Plaintiff Vs.

Khandesh Spinning and Weaving Mills Co. Ltd.

....Defendant And Court Receiver, Bombay High Court ....Respondent ---- Mr. Vedchetan Patil for applicant/defendant.

None for respondent.

---- CORAM : K.R.SHRIRAM, J.

DATE : 28th AUGUST, 2018 P.C.:

This chamber summons has been taken out in view of a letter dated 16th May 2017 that applicant received from the Court Receiver. Applicant is seeking a direction to Court Receiver to hand over the entire original records pertaining to Khandesh Spinning and Weaving Mills Co. Ltd. and papers relating to proceedings of suit no.1287 of 1984. Khandesh Spinning and Weaving Mills Co. Ltd. is applicant. These documents were requested by applicant to Court Receiver vide applicant's letter dated 11th May 2017. In response, Court Receiver directed applicant to approach this Court for necessary order directing Court Gauri Gaekwad

2/2 60.CHS-1024-2017.doc Receiver to hand over the original documents. Mr. Vedchetan Patil, counsel for applicant states that Court Receiver has been served this chamber summons and no affidavit in reply opposing the chamber summons has been filed. Court Receiver is also not present.

Therefore, chamber summons is allowed and accordingly disposed in terms of prayer clause - (a).

Digitally signed by Gauri Amit Gaekwad Date:

2018.08.30 12:30:57 +0530 Gauri Amit Gaekwad (K.R. SHRIRAM, J.) Gauri Gaekwad