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Bombay High CourtCRR/463/2015disposed off

L And T Finance Limited v. Mr. Sagar B. Gajera And Nar

2015-07-08Hon'Ble Shri Justice R.D. Dhanuka2 pages

crr463-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.463 OF 2015 IN ARBITRATION PETITION NO.30 OF 2015 L & T Finance Ltd.

...Petitioner

V/s.

Sagar B. Gajera & Anr.

...Respondents

Mr.Nilesh Gala i/b Law Square for the Petitioner. Mr.G.G. Ketkar, 1st Assistant to the Court Receiver present. CORAM : R.D. DHANUKA, J.

DATE : 8TH JULY, 2015.

P.C. :- 1.

Learned counsel appearing for the petitioner submits that the petitioner has no objection, if the Court Receiver is discharged without making of any account.

2.

Insofar as the prayer for payment of the costs, charges and expenses prayed by the Court Receiver is concerned, learned counsel submits that a copy of the report has been served upon the petitioner's advocate on 6th July, 2015. The petitioner had already lodged a copy of the order in the office of the Court Receiver on 1st July, 2015 for enforcement of the order and has deposited a sum of Rs.15,000/- towards the initial deposit.

1/2

crr463-15 3.

It is not in dispute that the order was passed on 11th March, 2015 and till 1st July, 2015, the petitioner had not applied for enforcement of the said order.

4.

In the facts and circumstances stated aforesaid, the petitioner is directed to pay the sum as may be communicated by the office of the Court Receiver along with payment of Rs.3000/- towards the costs of this application within two weeks from the date of communication of fees, charges and expenses. It is made clear that the office of the Court Receiver is at liberty to adjust the said costs, charges and expenses from the amount of deposit of Rs.15,000/- made by the petitioner on 1st July, 2015. If there is any short-fall after adjusting the said amount, the same would be communicated to the petitioner's advocate expeditiously. Upon such communication, the petitioner shall pay the balance amount, if any, within two weeks from the date of such communication.

5.

The Court Receiver's Report is accordingly disposed of. (R.D. DHANUKA, J.) 2/2