Tata Capital Financial Services Limited v. Pba Infrastructurelimited And ANR

8 CRR 723-15.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORDINARY ORIGINAL CIVIL JURISDICTION.

COURT RECEIVER'S REPORT NO. 723 OF 2015 IN ARBITRATION PETITION NO. 903 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Nikhil Mehta i/b KMC Legal Venture for the petitioner.

Mrs. Sushma Baidkar, IInd Asst. to Court Receiver present.

CORAM : K. K. TATED, J.

DATED : 28/01/2016 P.C.:

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Heard.

The learned Counsel for the petitioner submits that they have no objections if the Court Receiver's Report is made absolute in terms of prayer clauses (a) to (d).

The learned Counsel for the petitioner submits that they are ready and willing to deposit cost with 6% interest in the office of the Court Receiver within four weeks from today. Statement is accepted. Considering the submissions made by the learned Counsel for the petitioner and perusing the report, the following order is passed.

Sneha Chavan 1/2

8 CRR 723-15.doc a) Court Receiver's Report is made absolute in terms of prayer clauses (a) to (d), which read thus: "a) Court Receiver be discharged in view of non-lodgement of proceeding by the Petitioner despite of order dated 04.02.2015 of the Hon'ble Court;

b) The cost, charges of Court Receiver may kindly be directed to be paid by the Petitioner payable to the office of the Court Receiver;

c) Cost of this report in the sum of Rs.3000/- be recovered from the petitioner, therein.

d) Costs of Receiver's Report No. 15 of 2015 dated 7th January, 2015 also be allowed to be recovered from the petitioner with interest at the rate as Hon'ble Court may deem fit and proper;

b) Petitioner to pay interest @ 6% per annum on cost of Court Receiver's Report No. 15 of 2015.

c) If payment is not paid within stipulated time as stated herein above, Court Receiver is directed to place the matter on board for further directions.

d) Court Receiver's Report stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2