L And T Finance Limited v. Sanjay Kumar Mishra S/O Indramani Prasad Mishra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.147 OF 2014 ARBITRATION CASE NO.4547 OF 2012 Qari Abdul Ahad Mohd. Amin Kadri EXECUTION APPLICATION NO.2389 OF 2015 ARBITRATION CASE NO.236 OF 2011 K. Srinivasulu and Anr.

EXECUTION APPLICATION NO.2383 OF 2015 ARBITRATION CASE NO.1207 OF 2013 1/5

Lakshman Maruti Navale and Anr.

EXECUTION APPLICATION NO.1451 OF 2015 ARBITRATION CASE NO.1148 OF 2013 Coastal Infra Partner Rakhi Shah and Anr.

EXECUTION APPLICATION NO.1344 OF 2015 ARBITRATION CASE NO.6324 OF 2014 K.P. Enterprises, Mumbai ....Respondent-Judg. Debtor EXECUTION APPLICATION NO.896 OF 2016 2/5

ARBITRATION CASE NO.1328 OF 2015 Harsh Narayan Pidiha and Anr.

EXECUTION APPLICATION (L) NO.1429 OF 2013 ARBITRATION CASE NO.409 OF 2010 Vega Ashwa Logistics, Nagpur ....Respondent-Judg. Debtor Mr. Rebin Gralan, with Mr. Mandar Bangale, i/by D.S. Law, for the ApplicantProposed Claimant. None for the Respondents-Judgment Debtors.

CORAM : A.K. MENON, J.

DATED : 11 TH MARCH, 2020.

P.C. :

1.

By these interim applications, the applicant seeks to transpose themselves as the claimant-decree holder in view of the fact that they claim to have taken assignment. The learned counsel for the applicant states that by 3/5

virtue of Deed of Assignment dated 26 th June 2019 and as specified in paragraph 3 of the interim application, the applicant now claims to be entitled to execute the decree. The applicant undertakes to pay damages or costs that the court may award in the event of the party-respondents sustaining prejudice.

2.

Respondents are absent. The learned counsel for the applicant states that attempts have been made to serve the respondents. Some have been served and in some cases, packets have been returned unserved. 3.

Based on the statement made by learned counsel for the applicant, I pass the following order :- (i) All interim applications, except IA/1/2019 in EXA/896/2016, are allowed in terms of prayer clauses (a), (b) and (c).

(ii) IA/1/2019 in EXA/896/2016 is allowed in terms of prayer clauses (a) and (b).

(iii) Amendments to be carried out within a period of eight weeks from today. Re-verification is dispensed with. (iv) If amendments are not carried out within stipulated time, all execution applications will stand dismissed for want of prosecution.

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(v) It is made clear that if respondents are otherwise not liable, the applicants will be responsible to pay costs and damages as per the undertaking in paragraph (3) of the interim applications.

(vi) All interim applications are disposed in the above terms. (A.K. MENON, J.) 5/5