Citicorp Finance (India) Ltd. v. Mr. Kishor Jadhav (Borrower) And ANR

chs1005-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1005 OF 2015 IN ARBITRATION PETITION NO.1398 OF 2014 Citicorp Finance (India) Limited ...Applicant

IN THE MATTER BETWEEN :

Citicorp Finance (India) Limited

...Petitioner

V/s.

Kishore K. Jadhav & Anr.

...Respondents

Mr.Sandesh Godse with Ms.Sharayu Pednekar i/b Vivek Patil & Associates for the Applicant / Petitioner.

None for the Respondents.

Mr.Tamanawar, representative of the Court Receiver present. CORAM : R.D. DHANUKA, J.

DATE : 19TH AUGUST, 2015.

P.C. :- 1.

Learned counsel of the applicant states that the respondents are served and undertakes to file affidavit of service within two days from today. The statement is accepted. 2.

By this chamber summons the applicant seeks discharge of the Court Receiver without passing account. Learned counsel for the applicant states that the learned arbitrator has already rendered 1/2

chs1005-15 an award on 16th October, 2014 and a signed copy of the award has been served upon the respondents. The respondents however, have not impugned the arbitral award and the said award has thus attained finality. The physical custody of the vehicle is with the petitioner. 3.

The Court Receiver, High Court, Bombay is accordingly discharged without passing any accounts however, on payment of costs, charges and expenses. The petitioner is directed to pay such costs, charges and expenses of the Court Receiver within two weeks from the date of communication of such charges by the office of the Court Receiver.

4.

The chamber summons is made absolute in the aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2