L And T Finance Ltd., v. Sagar Contracting Pvt. Ltd

13 chs 918-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 918 OF 2013 IN ARBITRATION PETITION NO. 1213 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mrs. Shakuntala Joshi a/w Ms. Jalpa & Ms. Nikita Pawar & Anand Pujari i/b S.I. Joshi & co. for the applicant.

Mr. A.R. Malvankar, Section Officer of Court Receiver present.

CORAM : K. K. TATED, J.

DATED : 08/02/2016 P.C.:

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Heard.

The learned counsel for the applicant filed affidavit of service dated 17.12.2015. Same is taken on record.

By this Chamber Summons, applicant is seeking discharge of Court Receiver in respect of one of the suit machine i.e. mobile crane with tool kit. The learned counsel for the applicant submits that they are ready and willing to pay all Court Receiver's charges if any within two weeks from the date of communication. Statement is accepted. Considering the submissions made by the Sneha Chavan 1/2

13 chs 918-13=.doc learned counsel for the Applicant and affidavit in support of Chamber Summons, I am satisfied that the Applicant has made out a case for allowing the present Chamber Summons in terms of prayer clause (a) except bracketed portion i.e. without passing of account and of payment of costs, charges and expenses, if any by the petitioner.

Hence, following order.

i) Chamber Summons is allowed in terms of prayer clause (a) except bracketed portion i.e. without passing of account and of payment of costs, charges and expenses, if any by the petitioner. Rest of the prayer clause (a), reads thus:

"a) The Court Receiver High Court, Bombay be discharged in respect of one of the suit machine viz: mobile crane with Tool Kit." ii) Applicant to pay Court Receiver's charges within two weeks from demand iii) Chamber Summons stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2