Tata Capital Financial Services Limited v. P. P. Patel And ANR And The Court Receiver High Court, Bombay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1156 OF 2019 IN ARBITRATION PETITION NO.849 OF 2013 ALONG WITH INTERIM APPLICATION NO.1176 OF 2019 IN ARBITRATION PETITION NO.1274 OF 2015 ALONG WITH INTERIM APPLICATION NO.1292 OF 2019 IN ARBITRATION PETITION NO.536 OF 2014 AND INTERIM APPLICATION NO.1844 OF 2019 IN ARBITRATION PETITION NO.118 OF 2018 Tata Capital Financial Services Ltd.

(Erstwhile TATA Capital Ltd.) .. Applicant-Petitioner

Versus

P.P. Patel and Anr. and the Court Receiver, High Court, Bombay .. Respondents Pavitra Nayadav and Anr. and the Court Receiver, High Court, Bombay .. Respondents Deepjyoti Associates & Anr. and the Court Receiver, High Court, Bombay .. Respondents Bhagwan Singh & Anr. and the Court Receiver, High Court, Bombay .. Respondents Mr. Nikhil Mehta, i/by KMC Legal, for the Applicant-Petitioner. None for the Respondents.

Mrs. Kanchan M. Rane, 1 st Assistant to Court Receiver, is present.

Mrs. Rekha V. Rane, 2 nd Assistant to Court Receiver, is present.

CORAM : A. K. MENON, J.

TH AUGUST, 2021.

DATED : 20 P.C. :

1.

On the application of learned Advocate for the applicant-petitioner, who states that the Receiver has not taken possession and seeks discharge of 1/2 903 to 906-IA-1156-2019-Group.doc Dixit

the Receiver, the Receiver submits that possession has not been taken since the equipment of which Receiver is appointed was not found. 2.

In view thereof, I pass the following order :- (i) Subject to payment of all costs, charges and expenses of the Court Receiver within two weeks of communication of the amounts due and on payment thereof, Receiver to stand discharged without passing accounts.

(ii) All the IAs are disposed in the above terms.

(A. K. MENON, J.) 2/2 by SNEHA ABHAY DIXIT Date:

2021.08.20 14:16:24 +0530 SNEHA ABHAY DIXIT 903 to 906-IA-1156-2019-Group.doc Dixit