L And T Finance Limited v. Santosh Suresh Agarwal And ANR

908 nms1918-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1918 OF 2017 IN CHAMBER SUMMONS NO.538 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.M.B.Kale i/b M/s.O.M.Gujar Law Chamers for the claimant Ms.Heena M.A.i/b Mr.Shaikh S. for the respondents CORAM : K. K. TATED, J.

DATE : NOVEMBER 28, 2017 P.C.:

1.

Heard the learned counsel for the parties.

2.

This motion is preferred by original respondents for cancellation of bailable warrant dated 31.10.2017 issued by this court.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in affidavit in support of Notice of Motion, I am satisfied that the Applicant has made out a case for allowing the present Notice of Motion in terms of prayer clause (a).

4.

The learned counsel for the Claimant submits that they will provide papers and proceedings to the advocate for the applicant within one week from today. Statement is accepted. Mohite 1/2

908 nms1918-17 In view of these facts, following order:

A) Notice of Motion is made absolute in terms of prayer clause (a) and (b) which read thus: "(a) That this Hon'ble Court may be pleased to cancel the warrant issued on 31.10.2017 against the Applicants / Respondents abovenamed."

"(b) That this Hon'ble Court may be pleased to direct the claimant to serve the copy of the Execution Application as well as entire proceedings of Arbitration Case No.L&T/LOS/CVF/ARB/711 of 2015."

B) Claimant to provide papers and proceedings as per prayer clause (b) of the Notice of Motion to the advocate for the applicant within one week from today.

C) Both the applicants to file affidavit cum undertaking that they will remain present before this court on each and every date with copy to other side.

D) Notice of Motion stands disposed of accordingly.

E) Chamber Summons to appear on board on 15.12.2017.

(K.K.TATED, J.) Mohite 2/2