Reliance Capital Limited v. M/S.Bhaarath Beverage
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 2ND DAY OF SEPTEMBER 2016 THE HON'BLE MR. JUSTICE RAJIV SHAKDHER A.No.4387 OF 2016 IN A.No.3786 OF 2016 In the matter of Arbitraiton and conciliation Act,1996 and In the Matter of disputes between M/s.Reliance Capital Ltd., And M/s. Bhaarath Beverage Private Ltd., Arising under Loan Agreement No RLNLCHE 000277- 686/685 dated 30/07/2014.
Reliance Capital Limited Rep. by its Executive Legal Regd. Office at 'Reliance Centre. 6th Floor, South Wing, Off Western Express Highway, Santacruz East, Mumbai 400 755 Having its state/branch office at No.6,4th Floor Haddows Road,Nungambakkam,Chennai 600 034.
...Applicant/Applicant -VsM/s.Bhaarath Beverage Private Limited Nio.29 and 30, Jothi Nagar Tharmar Street, Annanur, Chennai-600 062 Tamil Nadu Also at No.4/64,Barathidasan Street Mondiamman Nagar,Redhills Padiyanallur, Chennai-600 052 Tamil Nadu.
...Respondent/Respondent
Application praying that this Hon'ble Court be pleased to pass an order of amendment in the description of the asset mentioned in the schedule of the Judges summon in application No.3786 of 2016.
From:
"Light Motor Vehicle MAHINDRA BOLERO MAXI TRUCK PLUS BSIV PS bearing chassis No.MAIZP2TAKE2G76861 and Engine No.TAE4G78231"
To:
"Light Motor Vehicle MAHINDRA BOLERO MAXI TRUCK PLUS BSIII PS bearing Chassis No.MAIZP2TAKE2G76861 and Engine No.TAE4G78231"
This Application coming on this day before this court for hearing the court made the following order:
1. This is an application seeking to correct the inaccurate description given qua the subject vehicle in the schedule accompanying the judges summon.
2. The applicant avers that the subject vehicle has been correctly described in the affidavit accompanying the judges summon. The description given in the schedule attached to the judges summon in A.No.3786 of 2016 reads as follows: "Light Motor Vehicle MAHINDRA BOLERO MAXI TRUCK PLUS BSIV PS bearing Chassis No.MA1ZP2TAKE2G76861 and Engine No.TAE4G78231".
3. As prayed by the learned counsel for the applicant, in the schedule appended to the judges summon the description of the subject vehicle shall stand reflected hereafter as setforth below:
"Light Motor Vehicle MAHINDRA BOLERO MAXI TRUCK PLUS BSIII PS bearing Chassis No.MA1ZP2TAKE2G76861 and Engine No.TAE4G78231".
4. The captioned application is disposed of, in the aforesaid terms.
5. Accordingly, the applicant will file a fresh copy of the judges summon along with the corrected schedule, within a period of one week from the date of receipt of a copy of the order.
6. The Registry will list the main application i.e., A.No.3786 of 2016 immediately thereafter.
Sd/-R.S.A.J 02.09.2016 //Certified to be a true copy// Dated this the day of 2014.
S.s/18.11.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.