Tata Capital Financial Services Limited v. Jalan Inter Continental Hotels Pvt. Ltd. And 4 ORS (Org.Resp) And The Court Receiver (Respondent)

chs 1168 of 2017 (905).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1168 OF 2017 IN ARBITRATION PETITION NO.422 OF 2014 Tata Capital Financial Services Ltd.

...

Petitioner versus Jalan Inter Continental Hotels Pvt. Ltd.

and Ors.

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Org. Respondents and The Court Receiver, High Court ...

Respondent Ms. Benedicta Lobo i/by M/s. katariya and Associates, for Applicant/Petitioner. Mr. Satish Dahibawkar i/by M/s. Dahibawkar and Co., for Respondents. Mr. Satish, Section Officer, Court Receiver Office, present. CORAM: S.J. KATHAWALLA, J.

DATE: 29 th JUNE, 2018 P.C.:

1. Heard the learned Advocates for the parties. Perused the Chamber Summons and the Affidavit in support thereto. The Chamber Summons is allowed in terms of prayer clause (a) which is reproduced hereunder : "(a) that the Respondent No.6 i.e. the Court Receiver be discharged forthwith without passing of accounts in respect of the mortgaged property being more particularly described at Exhibit L-1 to the Petition and the symbolic possession board affixed by the Court Receiver be removed;"

2. The costs, charges and expenses of the Court Receiver shall be paid by the Applicant/petitioner within a period of two weeks from the date of the Petitioner ssp 1/2

chs 1168 of 2017 (905).doc receiving the intimation to make payment from the Office of the Court Receiver. The order passed by the Court Receiver with regard to the royalty payable by the Respondents is set aside.

3.

The Chamber Summons is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2