Tata Capital Financial Services Limited v. Rahul Soorma And 2 ORS And Court Receiver (Respondent)

rkmore (603)chs-1005

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1005 OF 2018 IN ARBITRATION PETITION NO.390 OF 2017 Tata Capital Financial Services Limited ... Applicant

IN THE MATTER BETWEEN:

Tata Capital Financial Services Limited ... Petitioner

Versus

Rahul Soorma & Ors.

...Respondents

Mr. Manish Gala i/b M/s. Law Square, for Petitioner

CORAM:

S.J. KATHAWALLA, J.

DATE:

14th SEPTEMBER, 2018 P.C.

Perused the Chamber Summons and the Affidavit in support thereto. For reasons set out in the Affidavit in support of the Chamber Summons, the same is allowed and the Court Receiver, high Court, Bombay is discharged without passing any accounts but upon payment of his costs, charges and expenses, by the Petitioner in respect of the mortgaged property being Property No.V-23, Second Floor with roof, Plot No.44, Block V, Naveen Shahdara, Delhi110032 more particularly described in "Exhibit D" to the Petition. However liberty is granted to the Petitioner to take out a fresh Petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking the same reliefs is so advised. The Chamber Summons is accordingly disposed of.

(S.J. KATHAWALLA, J.)