Tata Capital Financial Services Ltd. v. Kishore Dattatray Yenpure And Another And Court Receiver (Respondent)

ssp 944 chs 1004 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1004 OF 2018 IN ARBITRATION PETITION NO.819 OF 2016 Tata Capital Financial Services Ltd.

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Petitioner versus Kishore Dattatray Yenpure and Anr.

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Respondents and Court Receiver, High Court, Bombay ...

Respondent Mr. Nilesh Gala i/by M/s. Law Square, for Petitioner. Mr. Kher OSD Court Receiver, present.

CORAM: S.J. KATHAWALLA, J.

DATE: 31 st AUGUST, 2018 P.C.:

1.

Perused the Chamber Summons and the Affidavit in support of the Chamber Summons. For reasons set out in the Affidavit in support of the Chamber Summons, the same is allowed in terms of prayer clause (a) which is reproduced hereunder :

"(a)that the Court Receiver, High Court, Bombay be discharged in respect of the mortgaged property being Flat No.2/ISD, Bhagyashree Apartments, Jeevandhara Nagar, Dhankawadi, Pune - 411 043, more particularly described in Exhibit D to the Petition without passing of accounts;"

2.

The Petitioner shall pay costs, charges and expenses of the Court Receiver 1/2

ssp 944 chs 1004 of 2018.doc within a period of two weeks from today.

3.

The Chamber Summons is accordingly disposed of. ( S.J.KATHAWALLA, J. ) by Swaroop Sharad Phadke Date:

2018.09.01 14:11:51 +0530 Swaroop Sharad Phadke 2/2