Tata Capital Financial Services Limited v. Gopalji Heavy Lifters And ANR.

chs 1099 of 2013 (935).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1099 OF 2014 IN ARBITRATION PETITION NO.497 OF 2013 Tata Capital Financial Services Ltd .....Applicant/Petitioner

Versus

Gopalji Heavy Lifters and Anr.

.....Respondent WITH CHAMBER SUMMONS NO.1100 OF 2014 IN ARBITRATION PETITION NO.495 OF 2013 Tata Capital Financial Services Ltd .....Applicant/Petitioner

Versus

Gopalji Heavy Lifters and Anr.

.....Respondent Mr. Nikhil Mehta i/by M/s. KMC Legal Venture, for Applicants. Mr. Bandodkar, 2nd Assistant to Court Receiver, present. CORAM: S.J. KATHAWALLA, J.

DATED: 25th FEBRUARY, 2015 P.C.

1.

The entire sale proceeds lying with the Office of the Court Receiver shall be invested by the Receiver (if not invested so far) in fixed deposit/s of a Nationalized Bank initially for a period of 12 weeks. The learned Advocate for the Applicants/Petitioners shall in the meantime, take out execution proceedings and recover the decreetal amount as per the arbitration award from the sale proceedings lying with the Court Receiver. The surplus amount, ssp 1/2

chs 1099 of 2013 (935).sxw if any, shall thereafter, be handed over to the Respondent. 2.

A copy of this order shall be forwarded to the Respondents by Registered Post A.D.

3.

The above Chamber Summons are accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2