L And T Finance Limited v.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1684 OF 2019 IN EXECUTION APPLICATION NO. 775 OF 2015 CFM Asset Reconstruction Pvt. Ltd.

...

Proposed Claimant In the matter between L and T Finance Limited ...

Original Claimants Decree Holder vs.

Mr. Suresh Dhal and Ors.

... Respondents Judgment Debtor Ms. Kirti Vagal i/b. D. S. Law for the Applicant. CORAM : A. K. MENON, J.

rd NOVEMBER, 2021 DATED : 23 P.C. :

1.

This Interim Application seeks substitution of the applicant in place of original Award holder pursuant to deed of assignment dated 26 th June, 2019.

The record indicates that the respondents were served with Chamber Summons No. 426 of 2014 and an ad-interim order came to be passed on RAJESHWARI RAMESH PILLAI th June, 2015. Thereafter respondents have not appeared in Court. RAJESHWARI RAMESH PILLAI Date: 2021.11.24 16:39:13 +0530 1/2 36-chs-426-2014-exa-775-2015-ia-1684-2019.odt rrpillai

2.

The application today being one for substitution in my view can be granted after which the newly substituted applicant shall serve the respondents afresh. Accordingly, I pass the following order. (i) Interim application is allowed in terms of prayer clause (a), (b) and (c). (ii) Application shall be served upon respondent judgment debtor on or before 7 th December, 2021 and affidavit of service to be filed on or before 10 th December, 2021. If affidavit of service is not filed by th December, 2021 matter is liable to be rejected on the next date. (iii) List on 13 th December, 2021.

(iv) Interim Application is disposed in the above terms. (A. K. MENON, J.) 2/2 36-chs-426-2014-exa-775-2015-ia-1684-2019.odt rrpillai