L And T Finance Ltd. v. Shaileshbhai S. Gorech And Sanjaybhai S. Gujjar

7 chs 1184-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORDINARY ORIGINAL CIVIL JURISDICTION.

CHAMBER SUMMONS NO. 1184 OF 2015 IN ARBITRATION PETITION NO. 1364 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Ms. S. I. Joshi i/b Ms/. S. I. Joshi & co. for the applicant.

Mr. V. D. Fatak, Asst. Court Receiver present. CORAM : K. K. TATED, J.

DATED : 26/02/2016 P.C.:

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Heard the learned counsel for the applicant. The learned counsel for the applicant filed affidavit of service. Same is taken on record. This Chamber Summons is preferred by the Petitioner for discharge of the Court Receiver, High Court, Bombay which was appointed in Arbitration Petition No. 1364 of 2012 by order dated 31.01.2013.

Considering the submissions made by the learned counsel for the applicant, averments made in affidavit in support of Chamber Summons, I am satisfied that applicant has made out case for allowing this Chamber Summons.

Sneha Chavan 1/2

7 chs 1184-15=.doc Hence, following order is passed:

a) Chamber Summons is allowed in terms of prayer clause (a) which reads thus:

"a) The Court Receiver, High Court, Bombay be discharged without passing of accounts on payment of costs, charges and expenses if any, by the Petitioner."

b) Court Receiver is directed to inform the applicant about their charges in writing and same to be paid by the applicant within four weeks from receipt of the said communication.

c) Chamber Summons stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2