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Bombay High CourtIA/3586/2022disposed off

Integro Finserv Private Limited v. L And T Finance Limited And 2 ORS

2024-02-01Hon'Ble Justice Kamal Khata2 pages

17-OSIA-3586-2022.DOC Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3586 OF 2022 IN EXECUTION APPLICATION NO. 920 OF 2016 IN ARBITRATION CASE NO. 680 OF 2014 Integro Finserv Pvt Ltd ...Applicant In the matter between L & T Finance Ltd ...Original Claimants/ Decree Holder

Versus

Dharmendrasinh N Rathod & Anr

...Respondents/

Judgement Debtors Mr Yash Dadriwal, i/b DS Law, for the Applicant.

CORAM

Kamal Khata, J.

DATED:

1st February 2024 PC:- 1.

By this Interim Application (IA), the Applicant seeks to be substituted for L&T Finance Ltd.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.02.05 09:32:21 +0530 SUMEDH NAMDEO SONAWANE 1st February 2024

17-OSIA-3586-2022.DOC 2.

Mr Dadriwal, representing the Applicant, states that the Applicant has acquired the rights of CFM Asset Reconstruction Pvt. Ltd. through a deed of assignment dated 16th February 2022. CFM Asset Reconstruction Pvt. Ltd., in turn, had acquired the rights of L & T Finance Ltd through a deed of assignment dated 26th June 2019. Copies of both assignments are tendered in Court today, are taken on record, and marked 'X' and "Y" for identification. 3.

Upon perusing these deeds, I am inclined to allow this application.

4.

In view of the above, application is allowed in terms of prayer clause (a).

5.

The amendment to the execution application should be carried out as per schedule annexed to the present application within a period of four weeks from today.

(Kamal Khata, J) 1st February 2024