Invent Assets Securitisation And Reconstruction Pvt. Ltd. v. Runa Logistics Pvt. Ltd. (Cin U74999mh2008ptc181755)

ca.122-2017 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 122 OF 2017 IN COMPANY PETITION NO. 181 OF 2015 Invent Assets Securitisation And Reconstruction Pvt. Ltd.

..Applicant In the matter of M/s Abhyudaya Co-Operative Bank Ltd.

VS.

Runa Logistics Pvt. Ltd..

------- Ms. Jyoti Ghorpade i/b PRS Legal for Applicant. Mr. Rohan Cama a/w Ms. Sapna Rachure i/b T.N.Tripathi & Co for Respondent.

----- CORAM: A.S. GADKARI, J.

DATE: 01 JULY 2017.

P.C.:

1] This is an application for amendment in the cause title of the petition thereby substituting the name of the petitioner. 2] It is submitted that the original petitioner namely Abhyudaya Co-Operative Bank Ltd., has assigned the debts of the respondentCompany to the applicant i.e. Invent Assets Securitisation And Reconstruction Pvt. Ltd. The learned Counsel for the respondent conceded

ca.122-2017 to the said fact, however, he raised objection for substitution on the ground that the Deed of Assignment of debts is inadequately stamped and therefore his client is having objection for such transfer of assignment of debts. In the affidavit-in-reply dated 26.7.2016 the grounds for opposing any relief in the present application are mentioned. The respondent is granted liberty to raise these objections pertaining to the assignment of debts at the time of admission of the Company Petition.

3] For the reasons stated in the application, the application is allowed in terms of prayer clauses (a) and (b). 4] Amendment to be carried out within two weeks from today and an amended copy of the petition be served upon the respondent within the same stipulated period.

(A.S. GADKARI, J.)