Tata Capital Financial Services Limited v. Csr Infratech India Private Limited And ANR And The Court Receiver High Court, Bombay

10-ARBP944-13.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1 OF 2019 IN ARBITRATION PETITION NO. 944 OF 2013 Tata Capital Financial Services Limited

...Petitioner

Versus

CSR Infratech Pvt Ltd & Anr

...Respondents

Mr Nikhil Mehta, i/b KMC Legal, for the Petitioner/Applicant. Mr PK Nardele, OSD to the Court Receiver, present.

CORAM:

G.S. PATEL, J.

DATED:

18th February 2020 PC:- 1.

Mr Mehta states that the account of the Respondent is closed. The Petitioner has received its dues. The Receiver was appointed of the asset, a mixer. That asset is in the yard of the Petitioner but is in the custody of the Court Receiver.

2.

In view of the settlement of the account, Mr Mehta agrees and undertakes that the Petitioner will deliver possession of the asset to the Respondent. It is the Respondent's responsibility to lift the asset from the Petitioner's Yard at the Respondent's cost. 18th February 2020

10-ARBP944-13.DOC 3.

The Receiver now needs to be discharged. The Receiver stands discharged without passing accounts but on payment of his costs, charges and expenses by the Petitioner. 4.

The Receiver is not required to visit the site to deliver physical possession to the Petitioner or the Respondents. 5.

The Interim Application is disposed of in these terms. (G. S. PATEL, J) 18th February 2020