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Bombay High CourtAPP/501/2015

Subhash Vitthal Garje And Another v. L And T Finance Ltd.

2015-09-22Hon'Ble Shri Justice V.M. Kanade,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 618 OF 2015 IN CHAMBER SUMMONS No. 127 OF 2013 IN EXECUTION APPLICATION (L) No. 986 OF 2012 IN ARBITRATION No. CVF/ARB/762 OF 2010 WITH NOTICE OF MOTION (L) No. 2193 OF 2015 IN APPEAL (L) No. 618 OF 2015 IN CHAMBER SUMMONS No. 127 OF 2013 IN EXECUTION APPLICATION (L) No. 986 OF 2012 IN ARBITRATION No. CVF/ARB/762 OF 2010 Mr.Subhash Vitthal Garje and Anr.

....Appellants Vs.

L & T Finance Limited ....Respondents *********** Mr. Narendra dubey for Appellants Mrs. S.I. Joshi i/b. S.I. Joshi & Co. for Respondents *********** CORAM : V. M. KANADE & Dr. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : SEPTEMBER 22, 2015 P.C. :

1.

The impugned order passed by the Learned Single Judge is set aside for the reasons stated in the order dated 20th August, 2015. 1/3

- 2 - Appeal is accordingly allowed and disposed of. Liberty is granted to the Respondents to apply for execution of a decree. In view of the disposal of the appeal, Notice of Motion (L) No. 2193 of 2015 does not survive and is accordingly disposed of.

[Dr. SHALINI PHANSALKAR-JOSHI, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/3

- 3 - CERTIFICATE Certified to be true and correct of the original signed order. CERTIFICATE Certified to be true and correct of the original signed order. 3/3