Tata Capital Financial Services Limited v. Sbh Infrastructure Pvt Ltd And ANR And The Court Receiver High Court, Bombay (Resp. No 3)

PR 4 chs 1644-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORDINARY ORIGINAL CIVIL JURISDICTION.

CHAMBER SUMMONS NO. 1644 OF 2015 IN ARBITRATION PETITION NO. 1045 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Nikhil Mehta i/b KMC Legal Venture for the Applicant.

Ms. Priti Pashe, Representative of Court Receiver present.

CORAM : K. K. TATED, J.

DATED : 22/01/2016 P.C.:

.

Not on board. At the request of Advocate for the Applicant, matter is taken on board for urgent orders.

This Chamber Summons is preferred by the applicant for discharge of Court Receiver which was appointed by order dated 09.09.2015.

The learned counsel for the applicant submits that they already repossessed the suit property. Hence, they preferred the present Chamber Summons for discharge of Court Receiver. He Sneha Chavan 1/2

PR 4 chs 1644-15=.doc submits that applicant is ready and willing to pay the entire cost of the Court Receiver, if any. The statement is accepted.

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

Hence, following order.

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

"a) That this Hon'ble Court be pleased to pass an order thereby directing the discharge of the Court Receiver High Court, Bombay as Receiver in respect of the asset forming the subject matter of the above Arbitration Petition."

ii) Applicant to pay all the charges, if any, of the Court Receiver within two weeks from the date of issuing notice to that effect by the Court Receiver.

iii) Chamber Summons stands disposed of accordingly.

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