Tata Capital Housing Finance Limited v. Shantanu Debabrata Datta

23-CARBP-332-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.02.07 20:53:02 +0530 IN ITS COMMERCIAL DIVISION SHRADDHA KAMLESH TALEKAR COMM. ARBITRATION PETITION NO. 332 OF 2024 Tata Capital Housing Finance Limited

...Petitioner

Versus

Shantanu Debabrata Datta & Ors.

...Respondents

Ms. Nelly Mehta i/b. NMA Legal, for Petitioner. None for the Respondents.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : February 7, 2025 P. C.

1.

This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996.

2.

Learned Counsel for the Petitioner submits that there has been a delay in making payments that were due to the Court Receiver, because of delay in obtaining the Pay Order. Consequently, she requests for liberty to tender the Pay Order that she already has, with her to the Court Receiver. The Pay Order was not being accepted by the Court Receiver because the deadline was missed.

February 7, 2025 Shraddha

23-CARBP-332-2024.doc 3.

In these circumstances, Advocates for the Petitioner shall be at liberty to approach the Registry no later than February 14, 2025 to complete the formalities in connection with the appointment of the Court Receiver. 4.

Learned Counsel for the Petitioner also submits that invocation is yet to be effected and submits that within the same time frame, the invocation shall also be made.

5.

With the aforesaid observations, list on February, 17, 2025, under the caption, "Final Disposal-Section 9".

6.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] February 7, 2025 Shraddha