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Bombay High CourtIA/20/2023disposed off

Integro Finserv Private Limited v. L And T Finance Limited

2023-06-27Hon'Ble Shri Justice Manish Pitale2 pages

17_IA_20_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 20 OF 2023 IN EXECUTION APPLICATION NO. 1768 OF 2015 Integro Finserv Private Limited ...

Applicant In the matter between:

L & T Finance Limited ...

Claimant vs.

M/s. J. S. Logistics and others ...

Respondents Mr. Siddhesh Rajput, i/b. DSLaw for applicant. CORAM : MANISH PITALE, J DATE : 27th JUNE, 2023 P.C. :

.

By this application, the applicant is seeking its substitution in place of the original claimant/decree holder. The learned counsel for the applicant has tendered an additional affidavit alongwith documents in support of the present application. The same is taken on record. 2.

It is pointed out that the original claimant/decree holder assigned the debt in favour of one CFM Asset Reconstruction Private Limited by a deed of assignment dated 26.06.2019. Copy of the said assignment deed is annexed to the additional affidavit.

3.

It is brought to the notice of this Court that subsequently, by an assignment agreement dated 16.02.2022, the aforesaid CFM Asset Reconstruction Private Limited assigned the debt to the applicant Integro Digitally signed by PRIYA KAMBLI Date:

2023.06.28 16:25:19 +0530 PRIYA KAMBLI 1/2

17_IA_20_23.doc Finserv Private Limited. A copy of the aforesaid assignment agreement is annexed to the additional affidavit taken on record today. 4.

On the basis of the aforesaid document, learned counsel for the applicant submits that the present application may be allowed. 5.

Having perused the additional affidavit and the documents filed therewith, this Court is convinced that the applicant deserves to be substituted in place of the original claimant/decree holder. 6.

Accordingly, the application is allowed in terms of prayer clause (a). 7.

Amendment be carried out within three weeks from today. (MANISH PITALE, J) Priya Kambli 2/2