Surendra Laxman Raval v. Shankar Dutt And 6 ORS. And Phoenix Arc Pvt. Ltd. (Intervener)

31-CHS1027-17.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMON NO. 1027 OF 2017 IN SUIT NO. 1848 OF 2008 Phoenix ARC Pvt. Ltd. (Trustee of "Phoenix Trust - FY17-18") ...Applicant/ Defendant no.6 In the matter between Surendra Laxman Raval ...Plaintiff

Versus

Mr. Shankar Dutt & ors.

...Defendants AND Phoenix ARC Private Limited ...Intervener Mr. Prashant A. Nakati, for the Plaintiff.

Mr. Susmit Phatate, for Defendant no.2.

Ms. Aneesa Cheema, a/w Mithila Damle, i/b Mahima Sinha, for Phoenix ARC Ltd., Assignee of South Indian Bank Ltd.

CORAM:

N. J. JAMADAR, J.

DATED :

25th NOVEMBER, 2019 PC:- 1.

Heard the learned Counsels for the parties.

2.

This Chamber Summons is taken out by the applicant, who is the assignee of the debt owned to the South Indian Bank Ltd., by defendant nos.1 to 3. The applicant claims to be an Asset Reconstruction Company registered under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest ("SARFAESI") Act, 2002. The assignment of loan is evidenced by the Assignment Agreement 1/2

31-CHS1027-17.DOC dated 17th March, 2017, a copy of which is annexed to the chamber summons at Exhibit 'A'.

3.

For the reasons assigned in the Affdavit in support of the chamber summons and the assignment as evidenced by the Assignment Agreement, the chamber summons stands allowed in terms of prayer Clause (a).

4.

The plaint and Notice of Motion No.287 of 2016 be accordingly amended forthwith.

[N. J. JAMADAR, J.] 2/2