L And T Finance Limited v. Mr. Mahesh Chandra Varma And ANR.

Aarti Palkar 41.CHS.954.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.954 OF 2013 IN EXECUTION APPLICATION (L) NO.1157 OF 2013 L & T Finance Ltd.

....Applicant In the matter between L & T Finance Ltd.

....Plaintiff Vs.

Mr. Mahesh Chandra Varma & Anr.

....Defendants ------ Ms S.I. Joshi, a/w. Ms Nikita Pawar, i/b. S.I. Joshi & Co., for the Applicant.

------ CORAM : K.K. TATED, J.

DATE : 15th November, 2017 P.C. :

1.

Heard the learned Counsel for the applicant.

2.

Learned Counsel for the applicant submits that they are unable to serve the defendants for want of present correct address for last four years. Hence, she received instructions from her client to withdraw the Chamber Summons with liberty to file afresh as and when they get the present correct address of defendants. To that effect, advocate for the applicant filed praecipe on 15.11.2017. Same is taken on record and marked 'X' for identification. Same is accepted.

Aarti Palkar 41.CHS.954.13 3.

Chamber Summons stands disposed of as withdrawn. 4.

Liberty is granted to the applicant to file fresh cause of action within the period of limitation.

(K.K. TATED, J.) ........