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Bombay High CourtCRR/295/2024disposed off

Tata Motors Finance Limited v. Kailash Chand Yadav

2024-09-09Hon'Ble Shri Justice Amit Borkar2 pages

10-CARBPL-4755-2024.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO. 4755 OF 2024 WITH COURT RECEIVER'S REPORT NO. 295 OF 2024 IN COMMERCIAL ARBITRATION PETITION (L) NO. 4755 OF 2024 Tata Motors Finance Limited

...Petitioner

Versus

Kailash Chand Yadav

...Respondent

Mr Akash Rebello, with Gaurav Jangle, Akshita Jain & Nidhi Mistry, i/b IV Merchant & Co, for the Petitioner.

SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2024.09.10 09:28:44 +0530

CORAM:

ARIF S. DOCTOR, J DATED:

9th September 2024 PC:- 1.

When the matter was called out, Learned Counsel appearing on behalf of the Petitioner invited my attention to an order dated 20th August 2024, by which this Court had directed non-bailable warrants to be issued against Respondent and was made returnable today. Learned Counsel appearing on behalf of the Petitioner submits that despite best efforts to serve the non-bailable warrants upon the

10-CARBPL-4755-2024.DOC Respondent, the same has remained unserved. He had relied upon an extract of an email addressed to the legal officers of the Tata Motors Financial Ltd by one of the Petitioners' employee/officer in Rajasthan setting out what can only be stated as a run-around given by the local police when he had gone to execute the non-bailable warrant. 2.

Let this be placed on an Affidavit so that appropriate directions can be issued by this Court to ensure that its orders are complied. 3.

List the matter on 18th September 2024.

(ARIF S. DOCTOR, J)